15 results for 'judge:"Funke "'.
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. 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
J. Funke finds the tax commission properly affirmed the board of equalization's upholding of the increased assessed values of agricultural land. Though the property had been previously classified as irrigated grassland, the assessor ceased classifying irrigated grassland separately, incorporating it within a classification encompassing irrigated grass, as well as crops. No evidence shows any other property valuations increased at a lower rate than the land at issue. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: January 26, 2024, Case #: S-23-224, Categories: Agriculture, Property, Tax
J. Funke finds the trial court properly convicted the female defendant for terroristic threats and sexual assault based on sufficient evidence. The victims, a mother and her 15-year-old son, testified defendant, searching for drugs, came to their apartment. Defendant inappropriately touched the teenager when the mother drove them to a gas station, which led to an altercation with defendant wielding a box cutter and threatening to kill the mother in a parking lot. The fact that defendant made threats is sufficient, regardless of whether or not the victim felt terrorized. Also, defendant failed to object to the all-male jury, and there is no evidence women were systematically excluded during selection. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: January 19, 2024, Case #: S-22-865, Categories: Jury, Sex Offender, Threats
[Consolidated] J. Funke finds the court of appeals properly dismissed the state's appeal of a custody case for lack of jurisdiction. The juvenile court entered an order transferring the Oglala Sioux family's parental termination cases to the tribal court. Though the state argues the juvenile court must have the consent of the tribal court first, the order itself is not final or appealable.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: January 12, 2024, Case #: S-23-234, Categories: Family Law, Native Americans, Jurisdiction
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J. Funke finds the county board of equalization improperly upheld the district court's denial of the property developer's agricultural status application. The developer kept farming leases on the property after its purchase, pending development, in order to maintain the existing status. The board erroneously determined the property���s use after the official date for making the determination, while evidence does not show the property was not primarily used for agriculture before that date. Reversed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: January 5, 2024, Case #: S-22-888, Categories: Agriculture, Property, Zoning
J. Funke finds the district court properly convicted defendant for DUI, third offense. Defendant's DUI conviction in South Dakota was sufficiently similar to other convictions in Nebraska, and there is no error in finding the South Dakota conviction valid for enhancement. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: December 8, 2023, Case #: S-23-168, Categories: Sentencing, Dui
J. Funke finds the county court properly awarded alimony and an equalization payment to the wife in this divorce decree, also equally dividing the children���s student loan debts. No abuse of discretion is found as to the alimony award and the Nebraska Supreme Court will not reweigh evidence. All assets and debts were valued between dates rationally related to an account the husband contests. This asset cannot be singled out. There is no requirement that the student loan debts must have been incurred before separation to be considered marital. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke, Filed On: October 27, 2023, Case #: S-22-826, Categories: Family Law, Contract
J. Funke finds the trial court properly convicted defendant for first-degree murder and use of a firearm to commit a felony. The evidence supports conviction, including surveillance video and a photograph of a receipt for an extended magazine found during the search of a vehicle also containing defendant's ID cards. Furthermore, the record is insufficient to address claims of ineffective assistance, and there is no merit to the arguments made on direct appeal. However, the state concedes the court erroneously sentenced defendant to life without the possibility of parole on the murder convictions and amends those to life imprisonment. Affirmed in part.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: August 25, 2023, Case #: S-22-574, Categories: Evidence, Firearms, Murder
J. Funke finds the district court properly found in favor of the officer and former director of the commercial tenant against whom a judgment was entered for nonpayment of rent, and who has since failed or refused to pay. The parties, who are not shareholders, have shown that they did not have decisionmaking authority within the commercial entity at the times of incorporation, execution of the lease or exercise of the lease option. They had also never received property or compensation from the corporation. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke, Filed On: August 4, 2023, Case #: S-22-610, Categories: Landlord Tenant, Property
J. Funke finds the district court properly upheld the decision of the Nebraska Department of Correctional Services Appeals Board affirming the decision of the Institutional Disciplinary Committee sanctioning the inmate for drug use while in prison. Though all evidence supports the misconduct charge, the inmate was never drug-tested. Nothing in the record calls the reliability of the detaining officer���s observations of evidence in the inmate���s cell into question.��� She was present and able to observe both the drug paraphernalia and the inmate���s behavior and appearance. The officer���s report is fully corroborated, and drug-testing was not required. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke, Filed On: July 21, 2023, Case #: S-22-754, Categories: Drug Offender, Evidence, Prisoners' Rights
J. Funke finds the county court improperly reformed a settlement agreement entered into by the decedent���s brother, wife and father to resolve a claim against the estate as to life insurance coverage designated under a divorce decree for the children���s benefit. The decedent designated only his brother as the beneficiary, though another policy was later discovered designating the decedent���s daughter as beneficiary. The parties sought various solutions as to reformation or recission. The mutual mistake as to the existence of a fact that was a material inducement to the contract is not ground for reformation. Reversed and remanded.
Court: Nebraska Supreme Court, Judge: Funke, Filed On: June 23, 2023, Case #: S-22-543, Categories: Family Law, Insurance, Wills / Probate
J. Funke finds the trial court properly convicted defendant for DUI causing serious bodily injury after he failed to stop at a stop sign and collided with another vehicle. He was sentenced to a term of imprisonment, post-release supervision, and had his driver���s license revoked. Though defendant says the court focused solely on the crime while ignoring mitigating factors such as his nonviolent nature and lack of criminal history, the court specified that it had considered and applied all the relevant statutory factors, including defendant���s background and criminal history and the amount of violence involved in the commission of the crime. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke, Filed On: June 2, 2023, Case #: S-22-480, Categories: Vehicle, Criminal Negligence
J. Funke finds the district court improperly entered a declaratory judgment and permanent injunction in favor of the livestock company in this dispute over cattle brand inspection statute interpretation. Cattle moved into registered feedlots from their point of origin, with no other movements, avoid brand inspection. Cattle moved from their point of origin to ���backgrounding��� lots for calf weight and immunity build up before going to a feedlot do not avoid brand inspection. Reversed. Injunction vacated and dismissed.
Court: Nebraska Supreme Court, Judge: Funke, Filed On: May 26, 2023, Case #: S-22-534, Categories: Administrative Law, Agriculture
J. Funke finds the district court properly affirmed the conviction of the county sheriff for official misconduct by refusing to receive a prisoner into the county jail. The sheriff cites no authority for his theory that, absent a court order, he has inherent authority to decline to receive arrestees. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke, Filed On: May 26, 2023, Case #: S-22-102, Categories: Administrative Law, Police Misconduct