256 results for 'court:"Nebraska Court Of Appeals"'.
[Consolidated.] J. Riedmann finds the trial court properly convicted defendant for assault by strangulation, domestic assault and child abuse. The father testified that he told defendant to stop arguing in front of their children which caused her to grab the back of his shirt, resulting in strangulation. Defendant then hit him in the face while holding their crying minor child. Another case arose from an officer’s investigation into defendant’s threatening of suicide and the suicide of the children, which resulted in her biting an officer during has attempt to detain her. All evidence supports conviction. There was no abuse of discretion in the court’s overruling defendant’s motion to withdraw her plea. The record is sufficient to address her claim of ineffective assistance and refutes the allegations. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: June 13, 2023, Case #: A-22-884, Categories: Assault, Plea, Child Victims
J. Bishop finds the district court, in this paternity suit, properly established the paternity of the child, awarding sole custody to the mother and ordering the father to pay support and fees. The father challenges Nebraska’s jurisdiction; and though Iowa is the child’s home state, the mother had moved to Nebraska in order to escape the abusive relationship with the father. Iowa has also declined jurisdiction, all supporting Nebraska’s jurisdiction. There is no abuse of discretion in the court’s orders for support and fees. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: June 6, 2023, Case #: A-22-317, Categories: Family Law, Jurisdiction, Guardianship
J. Welch finds the district court properly denied defendant’s request to transfer his case for auto theft, fleeing and firearm possession to the juvenile court. Officers apprehended defendant after a chase when responding to gunshots heard while on another call. The investigation yielded casings and information that a home had been struck by gunfire, a shot just missing a man sitting on his couch. The casings were confirmed to have been fired from the rifle recovered from defendant. Defendant was 17 at the time of the offense and the court properly concluded that the juvenile court’s jurisdiction would not be sufficient due to the violent nature of the offenses, the concern for public safety, and the fact that it would automatically lose jurisdiction when defendant turned 19 regardless of any benefit from juvenile services. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: June 6, 2023, Case #: A-23-118, Categories: Firearms, Juvenile Law, Jurisdiction
J. Arterburn finds the trial court properly granted summary judgment to Target in this slip-and-fall suit. The injured party testified to slipping and falling on the sidewalk outside Target after walking across purple “ice melt,” injuring her knee. She wasn’t sure whether or not there was ice where she slipped and a Target employee testified to possibly having already treated the area with ice melt. No evidence was shown that Target had actual or constructive notice of the potential non-visible ice. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: June 6, 2023, Case #: A-22-805, Categories: Evidence, Tort, Negligence
J. Pirtle finds the trial court improperly granted summary judgment to the insurance company in this dispute over coverage for breast cancer treatment, payment for which was sent to the collector. The patient, pursuant to a previous mammogram, was told that the density of her breasts reduces instrument sensitivity and that a negative report can be inconclusive. She had reason to be concerned the lump could be cancerous despite the negative result. There are genuine issues of material fact regarding the applicability of the policy’s preexisting condition clause. Reversed and remanded.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: June 6, 2023, Case #: A-22-406, Categories: Health Care, Insurance, Contract
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J. Moore finds the trial court properly awarded the marital home to the ex-wife in this marriage dissolution. Because the home was gifted to the wife by her mother, the husband never had a marital interest which needed to be extinguished. Also, the timing of the husband’s home improvement projects with market trends shows that the increase in the home’s value is attributable to passive appreciation and not to repairs done by the husband. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: June 6, 2023, Case #: A-22-598, Categories: Family Law, Property
J. Pirtle finds the district court improperly modified physical custody and parenting time as to the unmarried, separated couple’s minor child. The mother says that the court erred in finding a material change of circumstances affecting the child’s best interests. The majority of evidence brought by the father addressed the parties’ contentious relationship and communication issues. There was no dispute that those circumstances existed at the time the parties’ parenting plan was adopted. The father failed to meet his burden to demonstrate new facts and circumstances that warrant modification. Reversed and dismissed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: June 6, 2023, Case #: A-22-485, Categories: Evidence, Family Law, Guardianship
J. Bishop finds the trial court properly denied the aiding and abetting defendant’s motion for postconviction relief without evidentiary hearing. Even if trial counsel did not more thoroughly impeach the victim as to inconsistent statements about the details of the assault and robbery, defendant cannot show prejudice. The victim never wavered in significant descriptions of the perpetrators. Whether he was “hit” or “jumped” from behind is irrelevant, even assuming inconsistency of the descriptive words. Whoever initiated the attack does not change the fact of who participated. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: May 30, 2023, Case #: A-22-687, Categories: Robbery, Assault, Accomplice Liability
J. Arterburn finds the trial court properly convicted defendant for two counts of criminal attempt, aiding and abetting sexual assault and two counts of child abuse after she supported her husband in the commission of the offenses on their children. The court acknowledged defendant’s minimal criminal history as well as her issues with mental health. The seriousness of the offenses and the damage that resulted to her daughters outweighed these facts and the court’s careful consideration does not show an abuse of discretion. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: May 30, 2023, Case #: A-22-674, Categories: Sex Offender, Child Victims, Accomplice Liability
J. Riedmann finds the trial court properly convicted defendant for assault, use of a firearm to commit a felony and prohibited firearm possession. Defendant allegedly shot his mistress in the thigh after she broke his necklace during a night of partying. Text messages were properly admitted, the import being not that a particular involved party sent the messages, but that defendant received them, and his responses did not negate or dispute his shooting of the victim. All evidence is sufficient to support conviction. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: May 30, 2023, Case #: A-22-504, Categories: Evidence, Firearms, Assault
J. Pirtle finds the district court properly granted the subdivision residents’ petition for permanent injunction preventing a fellow owner from operating a junk car business on his property. The business owner’s distinction between the definition of “junk cars” and “junk trucks” goes against common understanding and against the intent of the owner’s contract. Also, the limitation on personal vehicles, as opposed to business-associated, was not overbroad. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: May 30, 2023, Case #: A-22-203, Categories: Property, Business Practices, Contract
J. Pirtle finds the juvenile court properly terminated the mother’s parental rights to her minor children. The mother was initially arrested after a welfare check during which injuries were observed on one of the children inconsistent with the mother’s explanation. She refused to follow up on recommendations for therapy and medication management, and after the case had been open for over five years, she had consistently failed to make progress with visitation and parenting skills, as well as engagement with rehabilitative services and employment. Record evidence amply documents safety concerns as well as the mother’s inability to make progress toward reunification. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: May 30, 2023, Case #: A-22-695, Categories: Family Law, Guardianship
J. Bishop finds the trial court properly found defendant guilty of terroristic threats, kidnapping, sexual assault and use of a deadly weapon. Defendant says that the victim, a neighborhood acquaintance, went with him willingly to the isolated area where the assault took place. Defendant’s friend testified that defendant told him that he had abducted and sexually assaulted the victim, and forensic examination evidence supports the claims of sexual assault. Any deficient performance by trial counsel caused no substantial prejudice. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: May 30, 2023, Case #: A-22-611, Categories: Evidence, Sex Offender, Assault
J. Arterburn finds the district court properly granted summary judgment to the contractor in this negligence/injury suit brought by an employee hired to complete framing on a house. The contractor required the construction company to provide proof of workers’ compensation insurance. The employee was covered and has been compensated according to a settlement with the construction company. The contractor was not required to carry workers’ compensation insurance to be exempt from peculiar risk liability. The cited rule from relevant case law prohibits the contractor from being held liable as a matter of law. No exceptions apply. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: May 30, 2023, Case #: A-22-722, Categories: Construction, Contract, Workers' Compensation
J. Welch finds the trial court properly convicted defendant for firearm possession by a prohibited person and possession of more than one pound of marijuana. Stopped for speeding and other violations, defendant’s story did not match with his passenger’s. A search of the vehicle yielded the drugs and gun. Defendant was recorded on the cruiser cam saying that he was illegally in possession of the gun. Defendant’s criminal history was considered, along with his previous failures at probation and parole and his high risk to reoffend. The sentences were within the statutory range for habitual criminal enhancements and were not an abuse of discretion. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: May 23, 2023, Case #: A-22-077, Categories: Drug Offender, Evidence, Firearms
J. Welch finds the trial court properly convicted defendant by a no-contest plea for attempted sexual assault through the use of a communication device. Defendant answered an ad placed by investigators posing as a 15-year-old girl on a website known for prostitution. His communication showed his knowledge of the decoy’s age and his willingness to pay her for sex. All factors were properly considered and all evidence supports conviction. Though defendant lacks a criminal history, sentencing is supported by the benefit received from his plea agreement, the nature of the offense, his previous contact with an underage girl, the court’s finding that a lesser sentence would depreciate the seriousness of the offense and the fact that his sentence of 8-14 years was near the low end of the statutory range of up to 50 years’ imprisonment. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: May 23, 2023, Case #: A-22-775, Categories: Sentencing, Sex Offender, Child Victims