256 results for 'court:"Nebraska Court Of Appeals"'.
J. Moore finds the county court properly modified the divorce decree. Though the parties had originally agreed to a joint custody arrangement, the father sought modification alleging several changes in circumstance, including the mother's increased income and her allegedly ignoring certain joint custody obligations. The mother was given final medical and dental decision-making when the parties could not agree after reasonable discussion. After giving appropriate consideration to all testimony, the lower court properly found the father did not meet his burden to prove a change in circumstance warranting modification of custody. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: February 27, 2024, Case #: A-23-366, Categories: Evidence, Family Law, Guardianship
J. Arterburn finds the trial court properly convicted and sentenced defendant, by no-contest plea, for felony theft. The victim testified defendant drove away in her truck after she entered a convenience store, leaving the truck's engine running. Other testimony corroborates this, as well as officer's having found the truck later, abandoned. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: February 27, 2024, Case #: A-23-650, Categories: Theft, Plea, Vehicle
J. Pirtle finds the trial court properly convicted defendant for assault, trespass and related charges based on sufficient evidence. A friend who was allowing defendant and the mother of his children to stay with her testified that after hearing a loud noise in her apartment she found defendant on top of the mother, strangling her. When the friend tried to intervene, defendant punched her. Furthermore, the record refutes claims of ineffective assistance. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: February 20, 2024, Case #: A-23-501, Categories: Assault, Resisting Arrest, Trespass
J. Bishop finds the mental health board properly entered a commitment order for the involuntary treatment of the patient. The patient expressed delusions “focused on multiple rape experiences...by a lot of people...including [the] famous, psychiatrists, police officers, and animals.” His manic speech made it difficult to communicate with him. The patient contends his doctor did not provide a timeline or milestones he needed to meet; however, these concerns are dependent upon the patient's cooperation and progress, which are not predictable. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 20, 2024, Case #: A-23-453, Categories: Health Care, Commitment, Due Process
J. Welch finds the county court improperly denied the inmate's petition for a writ of habeas corpus. Convicted for robbery, the inmate says he has been confined beyond the term of the 10-year mandatory minimum for his 18-to-20-year sentence. Due to a miscalculation of the mandatory minimum release date, the inmate was released 5 years early then rearrested and convicted for four new offenses. He then received a sentence for the new offenses combined with the "dead time" accrued because of the early release. The court of appeals expresses no opinion on the inmate's allegations of over-detention, though it concludes that habeas corpus is the proper procedure for challenging his custody and that the court erroneously dismissed it on the face of the pleadings. Reversed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: February 20, 2024, Case #: A-22-871, Categories: Habeas, Robbery, Sentencing
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J. Pirtle finds the county court properly denied defendant's motion to continue his sentencing hearing. Defendant was convicted for possession and attempted possession of visual depictions of sexually explicit conduct. Though the court did not order a psychosexual evaluation, and defendant contends the presentence assessments were insufficient, nothing in the record indicates the evaluative method used was improper. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: February 20, 2024, Case #: A-23-664, Categories: Sentencing, Sex Offender, Due Process
J. Moore finds the county court properly convicted defendant by no-contest plea for sexual assault. Evidence and victim testimony shows defendant sexually assaulted his 14-year-old stepdaughter. Though the presentence report included police reports involving other events not at issue in the charge, the county court properly reviewed the report and sentenced defendant. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: February 20, 2024, Case #: A-23-560, Categories: Sentencing, Sex Offender, Child Victims
J. Bishop finds the juvenile court properly terminated the mother's parental rights to her four children. A family services specialist testified that one of the children tested positive for meth and amphetamines at birth. The children were then placed with their father, who was separated from the mother. The mother did not follow through on her ordered family team meetings, supervised parenting time, or support services. Other testimony and evidence support the best interest finding. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 20, 2024, Case #: A-23-534, Categories: Family Law, Guardianship
J. Arterburn finds the juvenile court properly removed the 13-year-old child from her grandmother's care. The child's therapist testified she exhibited trauma and avoidance issues. The child was properly allowed to testify as to the parties' combative relationship outside the grandmother's presence, with the therapist explaining the presence would likely cause the child emotional distress or fear, probably impacting the testimony. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: February 13, 2024, Case #: A-23-388, Categories: Evidence, Family Law, Guardianship
J. Bishop finds the trial court properly convicted defendant, by no-contest plea, for making terroristic threats. After officers responded to the domestic disturbance, defendant pointed a shotgun at them, saying he would “blow them away." All evidence supports the conviction, and trial counsel’s failure to file a motion to suppress the arrest warrant was not deficient. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 13, 2024, Case #: A-23-503, Categories: Firearms, Threats, Terrorism
J. Bishop finds the county court properly denied the property owner's complaint in a real estate dispute. The parties made an even, cashless trade of manufactured homes, one of which had an attached garage that was not part of the trade. The owner of the garage provided a purchase option, then, 9 months later, attempted to remove the garage after the other party, considering it abandoned, had begun using it. A text message shows the party in possession declined to purchase the garage, asking that it be removed. The owner did not reply to the message before eventually suing for the purchase price plus rent. Evidence of other property purchases indicated the owner had no intent to exercise rights of ownership. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 13, 2024, Case #: A-22-880, Categories: Evidence, Property, Contract
J. Riedmann finds the county court properly classified and distributed the marital estate. Certain retirement accounts, which one party of the same-sex marriage had established before the marriage, were properly awarded to that party. The other party properly received portions to which she contributed during the marriage. Though the home, owned by one party before the marriage, had increased in value, it was encumbered to its full value at the time of separation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: February 13, 2024, Case #: A-20-901, Categories: Family Law, Property, Contract
J. Pirtle finds the trial court properly convicted defendant for violating a protection order with a prior violation. After defendant was released from custody for a previous offense, he was again arrested for firearm possession by a prohibited person. During this period of incarceration, he used other inmate's accounts to contact the protected party, in violation of the order. The court clearly explained that defendant's prison sentence, to be run concurrently with that which he was already serving, was necessary. Evidence showed that he was likely to engage in additional criminal conduct if put on probation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: February 13, 2024, Case #: A-23-462, Categories: Evidence, Sentencing, Restraining Order
Bishop finds the district court properly granted a son and his wife's motion for summary judgment in a property dispute precipitated by the father's death and will interpretation, which led to siblings' filing an action to partition parcels of property, terminate severed mineral interests and quiet title involving a half-interest the mother sold to the son. There is no genuine issue of material fact regarding the siblings' claim of undue influence. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 6, 2024, Case #: A-23-172, Categories: Property, Real Estate, Wills / Probate
J. Riedmann finds the county court improperly dismissed the biological father’s application to set aside the stepparent adoption. The mother claimed the father had abandoned the child and that she did not need his permission for the adoption, and the father asked the matter be set for hearing. The court found the application to sound in equity and that it lacked jurisdiction. Furthermore, the court said the hearing was to determine whether the application should be heard, then ruled an evidentiary hearing should be held. The court did not decide the merits, which remain pending. Reversed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: February 6, 2024, Case #: A-23-429, Categories: Family Law, Due Process, Guardianship
J. Welch finds the trial court properly convicted defendant for assault on a peace officer based on sufficient evidence. When officers responded to a report by defendant's mother that defendant, who has a history of mental illness, was in an altercation with this brother, an altercation ensured between he and the officers. Defendant was not acting in self-defense, and the court properly found he was a habitual criminal. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: February 6, 2024, Case #: A-23-087, Categories: Evidence, Sentencing, Assault
J. Arterburn finds the workers compensation court properly entered an award finding the worker had suffered a work-related injury to his foot and was entitled to disability benefits. The award was not clearly wrong and the company's allegations are moot because the worker died prior to receiving services. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: February 6, 2024, Case #: A-23-457, Categories: Health Care, Workers' Compensation
J. Pirtle finds the county court improperly found the newly discovered, deceased adult child to be a devisee of the father's will. The deceased child's estate objected to the known adult children's assertion that they were the sole devisees, and the county court found the deceased child to be a devisee. The will unambiguously distributes property in equal proportions to the father's surviving named children, born to or adopted by him after the will's execution. This does not include the newly-discovered adult child. Reversed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: February 6, 2024, Case #: A-23-197, Categories: Family Law, Wills / Probate, Contract
[Consolidated] J. Pirtle finds the county court properly terminated the mother's parental rights to her two children. The mother has an extensive history with alcohol abuse, including having been in DUI accidents with her children in the vehicle. She also has cognitive impairment from having been kicked in the head by a horse. The mother has demonstrated she is unable to mitigate the effects of her traumatic brain injury, cease from behaving erratically and address her substance abuse problems. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: February 6, 2024, Case #: A-22-684 , Categories: Family Law, Health Care, Guardianship
J. Moore finds the county court properly denied the mother's request to relocate the child shared with her ex-husband. Though the mother had originally been given primary custody, this was modified to joint custody after the mother moved with the child out of state with her new husband. Though the county court incorrectly found that there was no legitimate reason for the move, being the mother's new husband had found a higher-paying job, the mother failed to show the move was in the best interest of the child. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: January 30, 2024, Case #: A-23-257, Categories: Family Law, Due Process, Guardianship
J. Pirtle finds the county court properly found in favor the tenant. Though the court granted the tenant replevin, ruling in favor of the trespass claims, it also dismissed his unlawful eviction claim, as well as the landlord's counterclaim for unpaid rent. The landlord's appeal failed to conform to rules of appellate procedure, and plain error review shows the record supports the conclusion the landlord did not legally possess the property. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: January 30, 2024, Case #: A-23-263, Categories: Evidence, Landlord Tenant, Property
J. Pirtle finds the trial court properly convicted defendant by plea agreement for robbery. All evidence supports the conclusion that defendant, along with other teenagers, assaulted the victim and stole his clothes, leaving him naked in the Wal-Mart parking lot. No abuse of discretion is found in the court's imposing of a 4- to 30-year sentence. The record is insufficient to show whether or not trial counsel was ineffective for not appealing the court's denial of his motion to transfer to juvenile court. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: January 30, 2024, Case #: A-23-411, Categories: Juvenile Law, Robbery, Assault
J. Bishop finds the trial court properly convicted defendant by no-contest plea for assault and false imprisonment, requiring him to register as a sex offender. Defendant, a taxi driver, picked the drunken victim up from a bar and took her to his house. The victim woke up the next day with pains indicating sexual assault, and later medical examination confirmed that such an assault had occurred. The plea agreement replaced the charge of sexual assault with assault, while requiring defendant to register as a sex offender. Evidence, including the victim's blood found on defendant's sheets, supports the conviction and registration requirement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 30, 2024, Case #: A-23-373, Categories: Sentencing, Sex Offender, Assault
J. Pirtle finds the county court properly found for a home association. The property purchaser was found to have not made the purchase in good faith and did not prove its claim of adverse possession. Furthermore, the purchaser failed to prove exclusive possession because association members had used the property in question as a public use area for several years. The purchaser's warranty deed does not prove possession. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: January 30, 2024, Case #: A-23-287, Categories: Evidence, Property
[Consolidated.] J. Arterburn finds the county court improperly issued domestic abuse and harassment protection orders against the ex-boyfriend. Because the boyfriend had been found guilty of domestic assault, the court improperly denied him his due process right to be heard at the show-cause hearing. Reversed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: January 30, 2024, Case #: A-23-384 , Categories: Due Process, Restraining Order
J. Riedmann finds the county court properly convicted defendant by plea agreement for sexual assault and strangulation. Though defendant claims he was in a consensual relationship with the victim, all evidence, including DNA and text messages, as well as injuries to the victim, supports the conviction. The plea agreement was entered into knowingly and intelligently, and defendant does not present any argument as to trial counsel's alleged failure to inform him of the victim's medical records. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: January 30, 2024, Case #: A-23-677, Categories: Dna, Evidence, Sex Offender
J. Bishop finds the trial court properly convicted defendant for terroristic threats and operating a motor vehicle to avoid arrest based on sufficient evidence. Defendant's ex-wife testified he arrived at her house in his truck, drove across her lawn and kicked in her front door, and the ex-wife's current boyfriend testified he saw defendant driving away from the house as he arrived. Furthermore, officers testified that as they arrived at defendant's house for questioning, he fled in his truck. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 23, 2024, Case #: A-23-343, Categories: Evidence, Escape, Terrorism
J. Arterburn finds the district court properly affirmed defendant's county bench trial convictions and sentences for damage to property and disturbing the peace. Defendant's ex-girlfriend recorded defendant as he attempted to enter her home through a window, where he knocked over a dresser with a TV on it, causing damage. The court considered all sentencing factors, as well as defendant's criminal history. Furthermore, misdemeanor and municipal code violations do not require a presentence investigation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: January 23, 2024, Case #: A-23-461, Categories: Restraining Order, Property Crimes
J. Bishop finds the juvenile court properly terminated the father's parental right to his two children. He has substantially and continuously neglected and refused to give the children necessary parental care and protection, or make reasonable efforts to preserve and reunify the family. He has also failed to correct conditions involving his living circumstance, employment and drug issues. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 23, 2024, Case #: A-23-467, Categories: Evidence, Family Law, Guardianship
J. Moore finds the juvenile court properly terminated the mother's parental rights to her two children. The children were originally removed after the mother was found intoxicated on a city bus and placed into a detox facility. There were also reports the mother had abused the children and left them unsupervised at a homeless shelter. Clear and convincing evidence shows the mother is unfit and that termination is in the children’s best interests. The termination also accords with all factors of state and federal Indian child welfare acts. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: January 23, 2024, Case #: A-23-377, Categories: Family Law, Native Americans, Guardianship