Nebraska Supreme Court

The Nebraska Supreme Court affirmed the district court's order, holding that the district court did not err in refusing to extend Barkley v. Pool to notaries, in declining to draw adverse inferences from Fifth Amendment assertions, and in finding the initiative petitions legally sufficient.

The Nebraska Supreme Court affirmed Christopher Ansell’s convictions and sentences for first and third degree sexual assault of a child. It held that the first degree sexual assault statute creates one offense that may be committed through either of two age-based alternatives, so the trial court properly permitted the…

The court affirmed Nickels' convictions for first degree murder and use of a deadly weapon to commit a felony. It held that the evidence did not require removal of the duty-to-retreat language from the self-defense instruction, and that the unpreserved instructional arguments did not constitute plain error.

The Nebraska Supreme Court affirmed summary judgment for the defendant ophthalmologist on a medical malpractice claim premised entirely on lack of informed consent arising from cataract surgeries performed after the patient had undergone radial keratotomy.

The Nebraska Supreme Court affirmed the termination of Kristopher Marcoe's parental rights to his two minor children. It held that the district court did not err in hearing the termination case without an express finding under Neb. Rev. Stat.

The Nebraska Supreme Court affirmed a judgment denying Jane and Steven Morris reimbursement of the attorney fees they incurred successfully defending their title against a third party's unsuccessful adverse-possession quiet-title action.

The Nebraska Supreme Court affirmed the district court's denial of Walker's motion for discharge, holding that Walker was not entitled to absolute discharge because the speedy‑trial clock was not violated.

The Nebraska Supreme Court affirmed the district court's judgment, modifying it to add $11,000 in attorney fees and expenses, and held that the arbitrator's award precludes further damages claims for the wrongful injunction except for attorney fees, while confirming the court's jurisdiction over the injunction…

On the second appeal in this dissolution action, the Nebraska Supreme Court held that the district court did not abuse its discretion in denying an evidentiary hearing on remand, because the prior mandate did not require one and the record already contained every variable needed to apply the source of funds rule.

The Nebraska Supreme Court affirmed the dismissal of Michael E. McLemore's pro se fourth successive motion for postconviction relief, which attacked the one-year time limit in Neb. Rev. Stat. § 29-3001(4) as unconstitutional as applied because his 1999 case predated the 2011 enactment.

The Nebraska Supreme Court affirmed the district court’s order that Leanne Wahl reimburse Charles Wahl for the cost of her survivor benefit plan (SBP) coverage, but modified the decree by striking the provision allowing Charles to replace Leanne as the SBP beneficiary if he remarries.

The court held that the Airport Authority's charge on off-airport parking companies was an optional user fee, not an unconstitutional tax, because it was imposed only on companies using and benefiting from airport facilities and was reasonably related to airport-generated business.

The Nebraska Supreme Court affirmed the denial, without an evidentiary hearing, of Burries' third amended postconviction motion. It held that the pathology-expert claim was procedurally barred because the alleged deficiency was apparent from the trial record and was not raised on direct appeal, while the claim…

The court held that the garnishment court had jurisdiction to determine the insurer's liability under the existing policy but lacked jurisdiction to adjudicate the injured judgment creditor's equitable request to reform that policy.

The court held that Pinpoint properly challenged the county board’s permit denial through a petition in error because the governing telecommunications statute required the board to exercise judicial functions.

The Nebraska Supreme Court affirmed the district court’s judgment upholding the Board of Engineers and Architects’ revocation of Gay’s architecture and engineering licenses and five-year bar on reapplication.

The court held that it had jurisdiction over Blake’s new direct appeal because his notice of appeal and in forma pauperis materials were timely filed and the staleness of the poverty affidavit was not jurisdictional, particularly where the State did not object below.

The court affirmed Theisen's convictions based on guilty pleas, holding that the amended information adequately alleged overt acts and that the factual basis established conspiratorial participation beyond the buyers and sellers necessary for the underlying drug offenses.

The Nebraska Supreme Court affirmed Price’s convictions for aiding and abetting robbery and aiding and abetting first degree assault, as well as his concurrent 25-to-40-year sentences.

The court held that Nebraska law does not favor or disfavor joint physical custody and that custody and parenting-time decisions must be based on the child's best interests rather than a categorical presumption.

The court affirmed Blaha's convictions and consecutive sentences, holding that the sentencing court did not abuse its discretion by imposing sentences within statutory limits, considering the relevant factors through the presentence investigation report, and considering conduct underlying dismissed charges.

The Nebraska Supreme Court affirmed Manjikian’s misdemeanor conviction and 180-day sentence entered pursuant to a plea agreement. It held that the plea was constitutionally adequate, that Manjikian knowingly waived double-jeopardy claims arising from the agreed forfeiture, that the sentence was not an abuse of…

The court affirmed Mrza's conviction and sentence for first degree sexual assault. It held that the Snapchat messages were adequately authenticated, that the prosecutor's isolated comment about Mrza's interpreter use did not constitute plain error, and that the evidence was sufficient and the sentence was not an abuse…

The court affirmed Garcia's robbery conviction and sentence, holding that the note used in the robbery was lawfully discovered during an inventory search conducted pursuant to police booking procedures.

The Nebraska Supreme Court affirmed the district court's denial of credit for time served before Leahy's Colorado parole, upheld the admission of a parole‑date letter as evidence, and found no abuse of discretion in imposing consecutive sentences.

The Nebraska Supreme Court affirmed Swindle's convictions and consecutive sentences totaling 180 years to life. It held that the sex-trafficking statute did not require proof that Swindle knew the victim was under 16, that the proposed impeachment evidence was properly excluded, and that the challenged…

The Nebraska Supreme Court held that a district court reviewing a court-appointed referee's report need not make explicit findings that the referee's factual findings were against the clear weight of the evidence, but must defer to those findings unless that standard is met.

The Nebraska Supreme Court affirmed the dissolution decree, holding that a prior stipulated support order conclusively established Brandon as Ariana's legal father and barred relitigation of paternity.

The court vacated Rocha’s conviction for driving under suspension because the evidence did not establish that his license was suspended on the date he drove. It otherwise affirmed, holding that the warrantless vehicle search was supported by the automobile exception, that recorded police commentary about Rocha’s…

The Nebraska Supreme Court reversed the district court's partial grant of postconviction relief and remanded with directions to overrule Williams' second postconviction motion. The district court erred by granting relief without first holding the required evidentiary hearing, but the Supreme Court concluded that no…

The Nebraska Supreme Court reversed the Court of Appeals and held that the State proved by clear and convincing evidence that terminating Brenda G.'s parental rights was in Alec's best interests.

The court held that it had jurisdiction over the State's appeal because the juvenile court's denial of the termination petition was a final order affecting the State's substantial right to protect the child's welfare.

The Nebraska Supreme Court affirmed Adrian Casares’ conviction for aiding and abetting second degree murder and his life-to-life sentence. It held that two ineffective-assistance claims could not be reviewed on direct appeal because the record was insufficient, while the remaining claims were either affirmatively…

The court held that the juvenile court's orders changing the children's primary permanency objective from reunification with their mother to adoption were final and appealable because they effectively ended services directed toward reunification and affected the mother's substantial right to raise her children.

The court affirmed modifications to the parties' dissolution decree concerning visitation transportation, child support, and attorney fees. It held that the father's relocation and unemployment constituted material changes in circumstances, but upheld the limited transportation arrangement, the recalculated support…

The Nebraska Supreme Court reversed the Court of Appeals and directed it to reinstate the district court’s denial of Brian Steffy’s request to relocate his son from Nebraska to Texas.

The Nebraska Supreme Court affirmed Dixon’s convictions, habitual criminal determination, and consecutive sentences. It held that neither the possible visibility of restraints nor a police officer’s testimony about photographic-array selection caused actual prejudice warranting a mistrial, and that the identification…

The court affirmed Kevin Watt’s convictions and prison sentences, except that it modified the allocation of 448 days of presentence credit. It held that the evidence supported the murder, assault, weapons, and prohibited-person convictions; the jury instructions and prosecutor’s remarks did not constitute reversible…

The court held that foreseeability is not part of the judicial duty analysis in negligence cases but instead bears on breach and ordinarily must be decided by the fact finder. Although neighborhood crime evidence did not make the assault foreseeable as a matter of law, the circumstances after the intruder entered the…

The Nebraska Supreme Court affirmed termination of Yolanda A.'s parental rights to four children under Neb. Rev. Stat. § 43-292(2). It held that the statute is constitutional because prior neglect of a sibling is not, by itself, sufficient; the State must also prove current best interests and the parent receives a…