114 results for 'court:"Nebraska Supreme Court"'.
Per curiam, the Nebraska Supreme Court finds the district court applied irrelevant case law in finding the Department of Health and Human Services did not breach its duty of care. The foster siblings allege the department breached its duty by placing them with a foster parent who sexually assaulted them. The department's argument relied on an inmate wrongful death-based case establishing tort claims exemption for the state for “[a]ny claim arising out of assault [or] battery.” The court found that another case, involving foster placement and assault applied, ruling the siblings did not provide sufficient evidence to prove the breach. The sovereign immunity analysis cannot focus only on the state's alleged negligence, ignoring that it allowed the assault to occur. Vacated in part.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: May 3, 2024, Case #: S-21-1037, Categories: Tort, Immunity, Guardianship
J. Papik finds the trial court properly convicted defendant for murder, assault and use of a deadly weapon to commit a felony. It is undisputed the 16-year-old defendant fired multiple shots after an argument at a shopping mall, killing the victim. Surveillance video showing all events supports the conviction. The court properly excluded the evaluating psychologist's testimony suggesting the initial shot fired by defendant put him in a state of peritraumatic dissociation, as it did not assist the trier of fact to understand the evidence or determine a factual issue. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: May 3, 2024, Case #: S-22-934, Categories: Murder, Weapons, Experts
J. Miller-Lerman finds the county court properly granted summary judgment against the daughter and heir. The heir from the late-mother’s trust provision bequeathing $5 million to each of her children says she has not received the full amount. Gifts the daughter had received during her mother's lifetime were not intended to be separate from the "countable assets" bequests made in the trust instruments, and they reduce the amount received under the provision. Affirmed.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: May 3, 2024, Case #: S-23-354, Categories: Trusts, Wills / Probate
Per curiam, the Nebraska Supreme Court accepts Robb N. Gage's voluntary surrender of his license, entering a judgment of disbarment. Gage was arrested and charged with four counts of possession of a controlled substance and had his license temporarily suspended. He pleaded no contest to the charges before filing the voluntary surrender. He has knowingly filed for voluntary surrender, meeting all requirements, and has waived all proceedings.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: April 25, 2024, Case #: S-24-061, Categories: Licensing, Attorney Discipline
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J. Freudenberg finds the district court improperly dismissed the apartment owner's complaint. The owner alleges a notary public covered under the surety company’s bond improperly altered a property deed upon which the apartment owner is a grantee, and the court dismissed for failure to join the notary as a necessary party. Commas separating "notary" from “sureties” in the guiding statute suggest the legislature did not mean to require such a claim to group the notary public and the surety together in the same action. Reversed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: April 25, 2024, Case #: S-23-357, Categories: Administrative Law, Property, Fiduciary Duty
J. Stacy finds the county court properly entered the order finding the stroke patient incapacitated, appointing a permanent guardian. Found by protective services to be vulnerable to financial exploitation, self-neglect and undue influence, the patient's caseworker sought to establish a guardianship. It was proper for the court to admit a neuropsychological report into evidence. Including this report, ample evidence supports the finding as to the patient's capacity and that a full guardianship is the least restrictive alternative to provide care. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: April 19, 2024, Case #: S-23-209, Categories: Evidence, Health Care, Guardianship
J. Miller-Lerman finds the workers compensation court improperly dismissed a nurse liaison's petition. The liaison, while working for the hospital, contracted Covid-19 and sought benefits for “occupational disease” arising in the course of employment. However, a genuine issue of fact remains. The court erroneously reasoned that, given the prevalence of Covid-19 at the time, the infection contracted at hospital facilities was a non-compensable "ordinary disease of life." Reversed.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: April 19, 2024, Case #: S-23-022, Categories: Health Care, Covid-19, Workers' Compensation
J. Stacy finds the district court properly dismissed this tort suit. The inmate alleges correctional services medical staff negligently determined he was mentally ill, involuntarily administering the antipsychotic "Haldol" by injection. Being the involuntary injection was a battery, it falls under the battery exemption, conferring sovereign immunity. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: April 19, 2024, Case #: S-23-627, Categories: Civil Rights, Immunity, Prisoners' Rights
J. Freudenberg finds the trial court properly convicted defendant for murder, as well as weapons charges, based on sufficient evidence. Officers discovered the victim after responding to a report of a bleeding body in the stairwell of an apartment building. Defendant was arrested, hiding in his girlfriend's mother's attic crawlspace, after the investigation turned up surveillance video showing he and his girlfriend and dog in the area at the time multiple witnesses heard sounds of a struggle, a dog barking, a woman's scream and a body falling down the stairs. Furthermore, counsel's objections to out-of-court statements were properly overruled and sustained. Affirmed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: April 12, 2024, Case #: S-23-130, Categories: Evidence, Murder, Weapons
J. Cassel finds the district court properly declared the land holdings company's tax deed void. The company purchased the tax certificate after the property owner failed to pay delinquent taxes. The owner filed suit after his attempt to redeem the property was denied, alleging a failure to comply with notice requirements, and seeking to quiet title in his name. The company failed to comply with notice requirements that “[p]ersonal or residence service” allows for certified mail service only in limited circumstances. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: April 5, 2024, Case #: S-23-360, Categories: Property, Tax, Due Process
J. Freudenberg finds the district court properly exercised personal jurisdiction over the Colorado transport company, which alleged the natural gas producer breached a contract for transportation services when, due to cold weather, it was unable to utilize its reserve pipeline capacity and refused to pay its invoice for those dates. The court correctly entered judgment in favor of the gas producer, finding the transport company consented to personal jurisdiction in Nebraska by joining the producer's master escrow agreement, which contained an express consent to that jurisdiction and waiver of the personal jurisdiction defense. Affirmed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: March 29, 2024, Case #: S-23-647, Categories: Energy, Transportation, Jurisdiction
J. Heavican finds the district court properly dismissed the losing county commissioner candidate's complaint for declaratory relief. The candidate says a change to the boundary of his district was made without notice to him, causing him to lose the election. Though its opinion does not endorse the public officials' actions, the candidate's request for declaratory relief is not appropriate to contest election results. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: March 22, 2024, Case #: S-23-062, Categories: Elections, Municipal Law
J. Cassel finds the district court improperly overruled the school district's motion for summary judgment. The district claims it has immunity from the wrongful discharge suit filed by the former employee who was terminated after it was discovered she had provided incorrect ID information in order to cover up a previous arrest. The district's decision to terminate her employment falls within the discretionary function exemption of the Political Subdivisions Tort Claims Act. Reversed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: March 22, 2024, Case #: S-23-490, Categories: Education, Employment, Tort
J. Heavican finds the district court properly determined the construction liens attached with priority over the realty company's fee interest. The company did not fully pay the contractors for materials and services for the construction of a Burger King. The Nebraska Construction Lien Act provides that liens attach to the contracting owner’s interest. Because the realty company acquired the property owner's interest, the liens attached to the subject property. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: March 15, 2024, Case #: S-23-282, Categories: Construction, Debt Collection, Property
Per curiam, the Nebraska Supreme Court finds the district court properly affirmed the tax commissioner's ruling against the responsible officer. After a tax deficiency was assessed against the company, it filed a protest and petition for redetermination. The petition remained unresolved until the company ceased operations and a notice and demand for payment was issued to the responsible officer. Though the court does not condone the delay, no prejudice is demonstrated. Equitable relief does not absolve the responsible officer of liability. Affirmed.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: March 15, 2024, Case #: S-23-060, Categories: Tax, Due Process
J. Cassel finds the county court improperly granted the journalists' request for a writ of mandamus. The journalists sought public record emails to or from agency staff members containing keywords “nitrate,” “nutrient,” “fertilizer” or “nitrogen,” which resulted in a charge of more than $44,000. Though the journalists were authorized to challenge the fee, relevant statute allows a public body to impose a special service charge for time spent by non-attorney employees in excess of 4 cumulative hours reviewing requested public records for a statutory basis to withhold one or more of the records in whole or in part. Vacated in part.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: March 15, 2024, Case #: S-23-155, Categories: Public Record
J. Funke finds the appeals court improperly affirmed the trial court's overruling of defendant's motion for absolute discharge on speedy trial grounds. Charged with felony assault and firearm use for shooting his father, defendant's trial was continued due to scheduling issues. The trial transcript shows the continuance was mentioned and for what reasons, though no written order was entered. Mere statements of unavailability are insufficient to show docket congestion or good cause existed to continue the jury trial past the 6-month deadline. Reversed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: March 8, 2024, Case #: S-22-097, Categories: Firearms, Assault, Speedy Trial
J. Papik finds the trial court properly convicted defendant for murder, firearm use and witness tampering. Ample evidence, including cell phone location date, eyewitness accounts and videos defendant uploaded to Snapchat wherein he admitted to shooting his ex-girlfriend support the convictions. Though defendant says the court erroneously admitted expert testimony regarding the location data, overruling certain objections that defense counsel did not pursue and in declining to strike victim impact material, these arguments are without merit. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: March 8, 2024, Case #: S-22-560, Categories: Murder, Witnesses, Experts
J. Heavican finds the tax review commission improperly upheld the board's decision to decline to lower the assessed value of real property owned by the insurance company. A fire caused by arson was found not to be a "calamity," as defined by Nebraska statute, and the value was left at the property's assigned assessment of $793,000. The statute excepts any “property suffering significant... damage... caused by the owner.” If a “calamity” did not include all disastrous events, natural or unnatural, it would be unnecessary to except damage caused by an owner. Reversed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: March 8, 2024, Case #: S-23-289, Categories: Insurance, Property, Tax
J. Heavican finds the district court improperly refused to consider defendant's motion for a deferred sentence. While being treated for post-traumatic stress disorder with schizophrenic symptoms resulting from a brain injury incurred during a military deployment, defendant was convicted by guilty plea for operation of a motor vehicle to avoid arrest. The district court erroneously concluded it did not have jurisdiction due to its conclusion that a cited statute involving a right to deferred judgment of conviction is unconstitutional. Reversed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: March 1, 2024, Case #: S-23-038, Categories: Probation, Escape, Vehicle
J. Funke finds the Commission of Industrial Relations improperly clarified that corrections unit case managers are included in the protective services bargaining unit. As the bargaining representative for the unit, the police lodge sought clarification after the role of bargaining representative was changed from the association of public employees to the lodge. As supervisors, case managers are excluded from the bargaining unit under the Industrial Relations Act. The commission did not make any findings of fact before effectively giving preclusive effect to the order changing the representative. Reversed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: March 1, 2024, Case #: S-22-748, Categories: Administrative Law, Civil Procedure, Labor / Unions
Per curiam, the Supreme Court of Nebraska accepts Benjamin L. Bramblett's conditional admission and enters an order of public reprimand. Charges against the attorney include that of incompetence, as well as violations involving communications, respect for rights of third person and misconduct, all involving a child custody dispute. Due to the conditional admission, it is found Bramblett knowingly does not challenge the matters and has waived proceedings.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: February 23, 2024, Case #: S-23-778, Categories: Family Law, Guardianship, Attorney Discipline
J. Heavican finds the trial court properly convicted defendant for first-degree sexual assault and sentenced to 35 to 40 years imprisonment. The victim, after a night of partying and drinking in multiple locations, accepted a ride from defendant. Defendant parked his vehicle in a parking lot before beginning his assault on the protesting victim, who then reported the assault to a police officer who had pulled up behind defendant's vehicle. There was no error in the court’s jury instruction on consent or its decision not to allow continued impeachment of the victim's prior statements to police. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: February 23, 2024, Case #: S-23-147, Categories: Evidence, Sex Offender, Jury Instructions
J. Cassel finds the trial court properly overruled defendant's motion for absolute discharge of his felony offense on speedy trial grounds. Though defendant contends his waiver of speedy trial rights applies only to a continuance granted solely at the request of the defendant and not the state, this argument has no merit. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: February 23, 2024, Case #: S-23-356, Categories: Speedy Trial, Due Process
[Consolidated.] J. Cassel finds the county court properly determined the sanitation district cannot levy a special assessment on property adjacent to, but not located within, its boundaries. A particular statute argued by the district authorizing a levy where exempt property has been “specially benefitted” by the district applies only to “property by law not assessable," and not to that outside the district. No reversible error is found as to the district's making a condemnation taking of part of the property or the jury's award to the owner for that taking. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: February 16, 2024, Case #: S-22-688 , Categories: Administrative Law, Municipal Law, Property
J. Miller-Lerman finds the trial court properly convicted defendant for second-degree murder. Surveillance video and witness testimony shows defendant, during an extended gun battle occurring between a house and vehicles, shot and killed the victim. The trial court properly denied his motion to withdraw his no contest plea, while the record is insufficient to consider claims of ineffective assistance or discharge on speedy trial grounds. Affirmed.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: February 16, 2024, Case #: S-23-124, Categories: Evidence, Murder, Speedy Trial
J. Papik finds the district court properly upheld the department of labor appeal tribunal's overturning of the grant of unemployment benefits. The volunteer social committee worker failed to keep adequate records of expenditures and spent funds for personal purposes. She was properly disqualified from receiving benefits for the week of the discharge and14 weeks thereafter because she was terminated for work-related misconduct. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: February 9, 2024, Case #: S-23-376, Categories: Employment, Insurance