49 results for 'judge:"Pirtle "'.
J. Pirtle finds the county court properly dissolved the temporary restraining order preventing demolition of the property. The homeowner was issued a notice of property violations, and the restraining order was implemented pending resolution of litigation. The owner���s witness was found to not be credible, while the city���s witnesses were found to be credible. The multiple violations, pending for several years, had not been resolved. The owner also failed to demonstrate it lacked an adequate remedy at law. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 30, 2024, Case #: A-23-680, Categories: Administrative Law, Municipal Law, Injunction
J. Pirtle finds the Nebraska Tax Equalization and Review Commission properly reversed the board's decision upholding its assessed value of the grocery store. Kroger appealed the board's assessed value of roughly $4.5 million, providing expert testimony the property was more correctly valued at $2.5 million. The board presented little evidence as to how its computer-aided appraisal was utilized, also insufficiently explaining market adjustments and specifics on figuring depreciation. The record is inadequate as to how the board���s valuation was determined compared to Kroger's well documented valuation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 23, 2024, Case #: A-23-268, Categories: Evidence, Tax, Experts
J. Pirtle finds the county court properly divided the property in this marriage dissolution. Real estate conveyed to the couple by the ex-husband's parents was correctly found to be marital property, and the ex-husband was not entitled to a credit for the value of a vehicle that was paid off with proceeds from his workers compensation settlement. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 23, 2024, Case #: A-23-283, Categories: Family Law, Property, Workers' Compensation
J. Pirtle finds the trial court properly dismissed defendant's petition for postconviction relief without an evidentiary hearing. The 9-year-old victim reported defendant had sexually abused her when she was 3 or 4 years old, saying her mother made her available to defendant in exchange for drugs. Though information shared by the victim over several forensic interviews was not entirely consistent, defendant was not prejudiced by his counsel's not interviewing a previous forensic interviewer or another individual the victim had mistaken for defendant. The information would have been cumulative. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: April 23, 2024, Case #: A-23-230, Categories: Evidence, Sex Offender, Child Victims
J. Pirtle finds the trial court properly convicted defendant for assault, attempted possession of a deadly weapon by a prohibited person and unauthorized use of a motor vehicle. Defendant admitted to assaulting the victim and stealing his vehicle and firearms after the two had been involved in a drunken altercation. Though defendant says the victim had shot at him and missed before he punched him and stomped on his head, sufficient evidence supports the convictions. The record is insufficient to review claims of ineffective assistance, containing no discussions between defendant and his attorney regarding claims of self-defense. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 23, 2024, Case #: A-23-1000, Categories: Assault, Weapons, Vehicle
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J. Pirtle finds the trial court properly convicted defendant for attempted kidnapping and first-degree sexual assault and sentenced him to 70 to 90 years imprisonment. Evidence shows defendant, a drug smuggler, lured the victims who he says stole his drugs to a welding shop by offering to sell them cocaine. He handcuffed the male victim, welding the cuffs to a table, and proceeded to torture him, hot-iron branding him with the word "thief" and forcing him to take 100 doses of LSD. He also sexually assaulted the female victim. All evidence supports the convictions, and the record refutes defendant's claims of ineffective assistance. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 16, 2024, Case #: A-23-780, Categories: Sex Offender, Kidnapping, Mayhem
J. Pirtle finds the district court properly reversed the county court's dismissal of a contract action. The company that purchased the home alleges the seller took the gas range and dishwasher when she moved out in violation of the sale agreement. The sheriff's office served the seller, who is not a Nebraska resident, while she was still in Nebraska, and this instate service of process was sufficient to subject the seller to Nebraska jurisdiction. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 2, 2024, Case #: A-23-477, Categories: Property, Jurisdiction, Contract
J. Pirtle finds the workers compensation court properly awarded the employee temporary total disability following a slip and fall on ice in the auto sales company's parking lot. Though the court awarded her temporary total disability benefits and ordered the company to pay medical expenses, mileage and pharmacy expenses, the employee contends she is due permanent disability benefits. The employee has failed to provide evidence of permanent medical impairment or permanent restrictions to the body as a whole. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: March 19, 2024, Case #: A-23-548, Categories: Evidence, Tort, Workers' Compensation
J. Pirtle finds the county court properly denied defendant's motion for postconviction relief without an evidentiary hearing. Defendant was charged with 15 counts pertaining to the sexual abuse of his 15- and 11-year-old daughters and 13-year-old son. He pleaded no-contest to six of the charges. Postconviction claims of ineffective assistance and court errors are procedurally barred because they were or could have been litigated on direct appeal. Defendant has also failed to demonstrate the judge showed any bias by his ruling on his own alleged error. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: March 5, 2024, Case #: A-23-428, Categories: Evidence, Sex Offender, Due Process
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. 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. 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
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. 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. 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
J. Pirtle finds the lower court properly terminated the mother's parental rights to her three children. The children were removed after the mother was accused of abuse by her husband's child. Two of her children, including one diagnosed with brittle bone disease, expressed fear of their mother, indicating that they did not want to see her. Another child indicated that he was terrified of his mother and that his brother got physically ill when she was spoken-of. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: January 9, 2024, Case #: A-23-531, Categories: Evidence, Family Law, Guardianship
J. Pirtle finds the county court properly dismissed the father's complaint to modify child support. The amounts at issue are arrearages and interest, and payments become a vested right of the payee as they accrue. While a past-due arrearage is already accrued and vested, a future payment is not, and the court may, therefore, modify the amount due in the future, but cannot forgive or modify those past-due. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: January 2, 2024, Case #: A-23-135, Categories: Family Law, Guardianship
J. Pirtle finds the trial court properly convicted defendant for first-degree sexual assault on a child, incest with a victim under 18 years of age, and third-degree sexual assault on a child. The stepmother's testimony regarding the number of text messages the child had received from her stepfather, and that he had hit her, did not prejudice him. Furthermore, her interrupted, incomplete statement she ���was aware of some physical��� does not constitute character evidence, and attempts to complete the sentence are merely speculative. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: January 2, 2024, Case #: A-22-776, Categories: Evidence, Sex Offender, Child Victims
J. Pirtle finds the trial court improperly divided the marital estate. The case must be remanded so the trial court can recalculate the property division involving property and assets held by each party prior to marriage, farming property and assets acquired during the marriage, and property left to the husband during the marriage by his parents. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: December 26, 2023, Case #: A-22-897, Categories: Family Law, Property, Contract
J. Pirtle finds the lower court properly denied the 15-year-old defendant's motion to waive jurisdiction to the juvenile court. Defendant was charged with attempted murder, assault and use of a deadly weapon to commit a felony for stabbing the 15-year-old victim. Although defendant has no criminal history, factors weigh in favor of the lower court's retention, including defendant's stated desire to kill people, his choice of a random victim and his statement that stabbing him "kind of felt nice." Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: December 19, 2023, Case #: A-23-581, Categories: Evidence, Juvenile Law, Murder
J. Pirtle finds the juvenile court properly continued temporary protective custody of the mother's son with the Department of Health and Human Services. Given the mother's prior issues with her children, her involvement with an abusive romantic partner with a significant criminal history and her history of substance abuse, the state alleged the son lacked proper parental care. Sufficient evidence shows that removing the son was necessary and that reasonable efforts were made to preserve the family prior to removal. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: December 12, 2023, Case #: A-23-300, Categories: Evidence, Family Law, Guardianship
J. Pirtle finds the county court properly awarded the grandmother custody of her grandchild. The child lived with the grandmother, who cared for the child when the father was working. When the father was killed in a car accident, the grandmother filed for custody, which the child's mother opposed. The mother has several other children and leads a life lacking in stability. The county court properly found the mother lacked the maturity and parental relationship with the child necessary for proper care. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: December 5, 2023, Case #: A-23-128, Categories: Family Law, Guardianship
J. Pirtle finds the trial court properly dismissed the home purchaser's suit alleging defective notice after she defaulted on the loan and the property was conveyed to another purchaser who initiated a forcible entry and detainer action. A lender generally does not owe a duty to its borrower, and the borrower did not state sufficient facts or law to support her causes of action, including negligence and misrepresentation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: November 14, 2023, Case #: A-19-121, Categories: Property, Due Process, Banking / Lending
J. Pirtle finds the county court properly terminated defendant from DUI court and sentenced her to a year in prison and 12 months��� post-release supervision. Charged for two counts of felony DUI and for refusal to submit to a blood alcohol test, defendant later drove on a suspended license several times and was once stopped and arrested for a new criminal offense. All witnesses, including law enforcement officers and administrators, were aware of defendant���s multiple infractions and dishonesty. That the witnesses were not sequestered had little prejudicial effect, if any. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: November 7, 2023, Case #: A-23-348, Categories: Evidence, Dui, Due Process
J. Pirtle finds the trial court properly convicted defendant for three counts of sexual assault of his minor cousin. A resource officer at the victim���s school called child protective services after the victim emailed her a photo of herself crying, stating that defendant had beat her up. The victim was then removed from her home after other evidence came to light, and placed with the resource officer, who noticed a change in the victim���s behavior when around her husband. The officer asked if someone had touched her inappropriately and the victim pointed out defendant. All evidence supports conviction and defendant has not preserved objections to the state���s motions for appellate review. Ineffective assistance claims fail for lack of proof. The record is insufficient on direct appeal. Affirmed
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: November 7, 2023, Case #: A-22-973, Categories: Evidence, Sex Offender, Child Victims
J. Pirtle finds the trial court properly convicted defendant for possession of meth with intent to distribute and carrying a concealed weapon. After defendant was stopped for a faulty headlight, he provided the officer with a Mexican ID card, a vehicle registration without his name and proof of insurance with his name. Defendant did not speak English and communication was facilitated using Google Translate. Defendant responded ���s����� when the officer asked to search the vehicle. The search yielded over a pound of meth, baggies and a handgun. Defendant���s motion to suppress was properly denied because ���the evidence is clear that [defendant] knew what was being asked.��� Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: October 31, 2023, Case #: A-23-045, Categories: Drug Offender, Evidence, Search
J. Pirtle finds the county court properly terminated the father���s parental rights to his children. The father is an alcoholic who has been rough with the children and has abused the mother in their presence. He was arrested for leading police on a high-speed chase with the children in the car, after having smoked meth. He also killed the mother in the presence of the children by running her over with a car, fled the state while leaving the children alone, and has made no progress with rehabilitation programs. All evidence supports termination. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: October 24, 2023, Case #: A-23-297, Categories: Evidence, Family Law, Guardianship
J. Pirtle finds the district court properly affirmed the county court���s denial of the DUI defendant���s motion for absolute discharge on speedy trial grounds due to delays occurring from the forensic scientist���s lack of availability. Scheduling issues were identified well in advance of the original trial date and measures were taken to secure the availability of the expert���s testimony; due diligence was exercised. Defendant���s motion and subsequent appeal caused proceedings to extend beyond the six-month trial period, and so he has waived his right to a speedy trial. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: October 17, 2023, Case #: A-23-178, Categories: Dui, Speedy Trial, Experts