13 results for 'judge:"Miller-Lerman"'.
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
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. 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. Miller-Lerman finds the court of appeals properly affirmed the juvenile court's termination of the mother's parental rights to her daughter. The daughter was removed at birth due to the mother's ill mental health. The juvenile court properly found all the statutory bases for termination, centering on neglect and mental health, had been proven. Affirmed.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: December 8, 2023, Case #: S-22-678, Categories: Evidence, Family Law, Guardianship
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J. Miller-Lerman, on review, finds the court of appeals properly affirmed the trial court’s denial of defendant’s motion for postconviction relief without evidentiary hearing from his conviction for child pornography possession. Defendant’s due process claim related to competence was not raised on direct appeal and was properly found to be procedurally barred. Affirmed.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: November 9, 2023, Case #: S-22-393, Categories: Competence, Due Process, Child Pornography
J. Miller-Lerman finds the district court properly granted summary judgment to the insurance company in this dispute over underinsured motorist coverage. After the injured driver settled with the at-fault driver’s insurance for $25,000, and for another $25,000 with the provider for the borrowed vehicle she was operating, it was determined that she had been fully compensated. A limitations of action policy provision states that “any suit … will be barred unless commenced within two years.” The policy was purchased in Iowa, and the Iowa two‑year policy limitation bars the action according to the policy’s choice of law provision. Affirmed.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: October 6, 2023, Case #: S-22-898, Categories: Insurance, Vehicle, Choice Of Law
J. Miller-Lerman finds the district court improperly reinstated the city’s animal control contract with the Humane Society, finding that the city lacked reasonable sufficient evidence to terminate. The city did not exercise a judicial function when it voted on the matter and the court lacked petition in error jurisdiction. The court’s order is vacated, and the appeal is dismissed for lack of jurisdiction.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: July 14, 2023, Case #: S-22-698, Categories: Municipal Law, Jurisdiction, Contract
J. Miller-Lerman finds the Nebraska court of appeals properly reversed the juvenile court’s termination of the father’s parental rights to his son on grounds that he had substantially neglected the child’s necessary care and protection. Though the father is currently incarcerated, since learning of his paternity he has shown interest in parenting, completed classes, stayed in contact with caseworkers and consistently visited with his son. The evidence does not support termination. Though the court of appeals advocates for placement with the mother, the Nebraska Supreme Court advocates for placement with the grandmother. Affirmed as modified.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: July 7, 2023, Case #: S-22-312, Categories: Family Law, Guardianship
J. Miller-Lerman dismisses the conservator's appeal of the county court's authorization of a settlement with the insurance carrier of the driver of a vehicle in which the minor passenger was injured from a collision with a school bus. The conservator sought an order vacating the settlement authorization on the grounds that it limited the minor's recovery against non-settling parties, and now appeals the court's denial of that motion. The conservator’s motion was a request for rescission of contract sounding in equity over which neither the county court nor the Nebraska Supreme Court have jurisdiction. Vacated.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: June 30, 2023, Case #: S-22-239, Categories: Insurance, Vehicle, Jurisdiction
J. Miller-Lerman finds the district court properly overruled the sexual assault defendant's motion to transfer his case to juvenile court. The juvenile probation supervisor testified there was often the need for supervision after program completion, and that defendant had come into the juvenile system near the age of 18. There was sufficient evidence to support the court’s emphasis on the short timeframe for defendant's juvenile treatment, appropriate evidence for retaining jurisdiction, and there was no abuse of discretion in considering these timing factors. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Miller-Lerman, Filed On: June 16, 2023, Case #: S-23-096, Categories: Juvenile Law, Sex Offender, Jurisdiction
J. Miller-Lerman finds the district court properly denied the inmate’s petition for a writ of habeas corpus. Defendant, who was 17 at the time of his conviction, was convicted for other felonies while in prison and was also granted postconviction relief on his murder sentence from then-recent case law holding that mandatory life sentences without parole for juveniles are unconstitutional. He filed for the habeas writ, asserting that he had reached his mandatory discharge date in 2022. With all sentences aggregated, and applying the good time law in effect when the first of the sentences became final, the court correctly found that the claim failed to show entitlement to immediate discharge. Affirmed.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: June 16, 2023, Case #: S-22-605, Categories: Habeas, Juvenile Law, Murder
J. Miller-Lerman finds the district court improperly dismissed the ex-wife’s motion to modify alimony. The ex-husband had accepted a veteran’s disability pension which allowed the wife to modify alimony because his acceptance reduced his benefits, and therefore the value of her share. The district court, thinking it was being asked to divide the benefits, concluded that it lacked subject matter jurisdiction as preempted by federal law. The motion sought merely to modify alimony based on a reduction in the pension, and the court had jurisdiction to do this. Reversed and remanded.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: June 2, 2023, Case #: S-22-066, Categories: Family Law, Jurisdiction, Contract