10 results for 'judge:"Stacy "'.
J. Stacy finds the trial court properly convicted defendant for murder, conspiracy to commit murder and improper disposal of human remains. An online dating profile led investigators to defendant after the victim was reported missing. Cell phone activity, including text messages and location pings clearly linked defendant, her accomplice and the victim. Other evidence, including surveillance-video-documented purchases of items used in the dismemberment and disposal of the victim's body also supports the convictions. Statements made by the accomplice involving getting sexual gratification from torture and killing were properly admitted as related to the furtherance of the conspiracy. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: May 10, 2024, Case #: S-21-980, Categories: Evidence, Murder, Mayhem
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. 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. Stacy finds the district court improperly terminated the stepfather's relationship with his ex-wife's biological daughter. The court entered an order finding that although the stepfather had established a relationship with his stepchild during the marriage, he could not litigate issues of custody or parenting time in the divorce because his wife had effectively terminated the relationship by cutting off contact once the divorce was filed. The parental preference doctrine does not give the mother an unfettered right to unilaterally terminate the established relationship. Reversed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: December 15, 2023, Case #: S-22-254, Categories: Family Law, Guardianship
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J. Stacy finds the court of appeals properly affirmed the trial court's conviction of defendant for misdemeanor shoplifting and assessing a $100 fine. The court properly overruled defendant's hearsay objection as testimony supported by surveillance video shows that the department store manager reported missing clothing immediately after discovering it, which supports the "present sense impression" exception to hearsay. Other video evidence and defendant's behavior support the conviction. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: September 22, 2023, Case #: S-22-798, Categories: Evidence, Theft
J. Stacy finds the district court properly dismissed defendant's motion for a new trial without an evidentiary hearing. Defendant was convicted for 2 counts of murder during a robbery of a rural farmhouse in 1989. His convictions were affirmed on direct appeal, with various motions for new trial and postconviction relief being consistently denied. Evidence of an accomplice's DNA at the scene has already been considered and found not to support a new trial. The claim is barred by law-of-the-case doctrine. Defendant's operative motion and supporting documents do not support entitlement to an evidentiary hearing. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: September 15, 2023, Case #: S-21-515, Categories: Evidence, Murder, Robbery
J. Stacy dismisses this interlocutory appeal from a district court order granting a motion to stay arbitration proceedings between Walgreens and its landscaping and property maintenance contractors, arising from a negligence suit brought by a customer who incurred injury from slipping and falling on an icy sidewalk. No final judgment or decree has been entered, and there has been no proper certification under the Nebraska statute governing negligence actions against multiple parties.
Court: Nebraska Supreme Court, Judge: Stacy, Filed On: August 11, 2023, Case #: S-22-603, Categories: Arbitration, Negligence, Due Process
J. Stacy finds the trial court properly entered judgment in favor of the contractor in this suit arising from a residential construction project regarding which contractual specifications and dollar amounts changed, resulting in a cessation of work and the contractor's seeking of payment for work completed. During a conference to get a ruling on proposed exhibit admissibility, the property owner requested ���some direction from the court before the jury comes in���, which was effectively an oral motion in limine. A ruling on a motion in limine is not a final ruling, the question of admissibility being the basis of the owner's appeal. The non-final ruling does not present a question for review. Because the contractor successfully foreclosed on its lien, nothing establishes wrongful deprivation to support an award of attorney fees. Affirmed in part.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: June 30, 2023, Case #: S-22-377, Categories: Construction, Evidence, Contract
J. Stacy finds the district court properly found in favor of the property owner���s association as to this dispute over restrictive covenants regarding the parking of an RV outside of an enclosed structure. The owners purchased their lot before the association entered into a declaration of covenants incorporated under Nebraska law. Relying on a case in which a similar decision was reversed, the owners argue that violations by other owners were known, but ignored, resulting in the association���s waiver of its right to enforce. In this case, though evidence existed showing that other owners may have violated covenants, there was none showing that the association knew of the violations and failed to act. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy, Filed On: June 9, 2023, Case #: S-22-284, Categories: Property, Contract