114 results for 'court:"Nebraska Supreme Court"'.
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
[Consolidated.] J. Freudenberg finds the Nebraska Supreme Court lacks jurisdiction over the county court's dismissal of this business dispute. The partner in the home healthcare business filed suit against the other partner alleging fraud, corporate waste, embezzlement and threatening behavior toward employees. No claims appealed here were adjudicated by the court's order, which involved enforcement of one partner's vote expelling the other as a member of the LLC. The court did not enter judgment and did not make a determination that there was no just reason to delay appellate review of its decision abating and dismissing the complaint.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: February 2, 2024, Case #: S-23-157, Categories: Fraud, Due Process, Jurisdiction
J. Papik finds the district court improperly found the property owner in contempt. In this decades-long dispute over two owner's rights to divert water from neighboring tracts of farmland, one owner filed the contempt action alleging the other owner willfully violated a consent judgment by raising the elevation level along the property line, causing water to pool on the neighboring farm. The consent judgment conferred no obligations on the one owner, and the other lacked standing to pursue the contempt action. Vacated.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: February 2, 2024, Case #: S-23-329, Categories: Agriculture, Contempt, Property
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J. Heavican finds the county court properly removed the sister as trustee of the family trusts. Proceedings distributing trust assets among the siblings following the death of the parents is described as "contentious." The court accepted the cotrustee brother's resignation, then found the sister had breached her fiduciary duty and removed her. That the rest of the siblings have requested the removal of the sister as trustee supports her removal regardless of any breach of fiduciary duty. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: February 2, 2024, Case #: S-23-058, Categories: Family Law, Trusts, Fiduciary Duty
Per curiam, the Nebraska Supreme Court finds the trial court properly convicted defendant by guilty plea for two counts of attempted first-degree assault on an officer, firearm use and conspiracy. Defendant, as a distraction, shot at officers who were in place outside a residence preparing to serve a warrant. The record shows the court reviewed all information, considered exhibits, testimony, defendant's acceptance of responsibility and all sentencing factors. Affirmed.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: February 2, 2024, Case #: S-23-167, Categories: Assault, Weapons, Conspiracy
J. Papik finds the county court properly denied the stepfather's petition for adoption. Though the child's biological father was divorced from the mother and had been incarcerated for several years for murder, he had remained current on his child support payments and made consistent efforts to maintain a relationship with his daughter. The father did not abandon his daughter legally, and any adoption will require his consent. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: January 26, 2024, Case #: S-22-919, Categories: Family Law, Guardianship
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
J. Heavican finds the trial court properly convicted defendant for manslaughter based on sufficient evidence. The state showed he made a left-hand turn in his vehicle, at night, while under the influence of marijuana, with the victim crashing his motorcycle into the passenger side. The sentence of 12 to 16 years in prison is within statutory guidelines. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: January 19, 2024, Case #: S-22-901, Categories: Evidence, Manslaughter, Vehicle
J. Papik finds the county court properly removed defendant from the problem-solving court program. Convicted by guilty plea for attempted possession of a firearm by a prohibited person, defendant was enrolled in the program and subsequently removed due to repeated failures to comply with requirements. By pleading guilty, defendant knowingly and voluntarily waived his right to a presentence investigation and his sentence is within statutory guidelines. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: January 19, 2024, Case #: S-23-192, Categories: Firearms, Probation, Due Process
J. Cassel, on review from the court of appeals, finds the court properly affirmed the trial court's overruling of the father's motion to vacate a protection order. Although the father challenges the appeals court’s evidentiary ruling excluding an affidavit, part of it was inadmissible, and he failed to offer the admissible portion. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel, Filed On: January 19, 2024, Case #: S-23-195, Categories: Evidence, Due Process, Restraining Order
J. Freudenberg finds the trial court improperly entered summary judgment against the Nebraska legislature candidate who sued Nebraska's Republican party for libel for its having sent mailers claiming she had been disciplined as a real estate agent and lost her license. Though the trial court found the mailers to be false, no malice was found. Texts presented by the candidate suggesting the party knew the statements were false are sufficient to find potential actual malice. Reversed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: January 12, 2024, Case #: S-22-967, Categories: Elections, Fraud, Damages
[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
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. Cassel finds the district court properly entered summary judgment in favor of the counterclaimant property owners in this boundary dispute. Although the claimant owner says an original government survey shows her property extending to the other side of a river, the survey showed the boundary to be associated with the banks of the river. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: January 5, 2024, Case #: S-23-072, Categories: Evidence, Property
J. Cassel finds the trial court properly convicted defendant for first-degree murder based on sufficient evidence. Witness testimony, as well as fingerprint and DNA evidence, link defendant to the scene of the shooting. Furthermore, the trial court properly sustained the state's oral motion to continue due to new evidence of defendant's cell phone, which had been seized in a different investigation. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: January 5, 2024, Case #: S-23-225, Categories: Evidence, Ineffective Assistance, Murder
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
J. Papik finds the district court properly dismissed the employee's claims of assault and intentional infliction of emotional distress arising from a realistic active shooter drill at work, causing the employee to allegedly suffer physical and mental injuries. The district court found worker's compensation is the employee's only remedy. Her argument she may pursue tort theories of recovery if it is shown the employer acted with a specific intent to injure is without merit. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: December 15, 2023, Case #: S-23-301, Categories: Tort, Workers' Compensation
[Consolidated] J. Freudenberg finds the district court properly reversed and vacated the natural resources district board of directors’ determinations that certain landowners violated ground water management rules. The district’s attorneys were involved in the decision-making process of the case after exercising both investigative and prosecutorial roles, violating the landowners’ due process right to an impartial tribunal. Affirmed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: December 15, 2023, Case #: S-23-169, Categories: Property, Water, Due Process
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
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. Heavican finds the trial court properly convicted defendant for first-degree murder after he shot his stepmother multiple times. The jdury instructions involving the state's burden of proof of intoxication do not indicate a miscarriage of justice, and the charge of first-degree murder was properly considered. The record is insufficient on other issues, including claims of ineffective assistance. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: December 1, 2023, Case #: S-22-855, Categories: Evidence, Murder, Sentencing
J. Cassel finds the trial court improperly excluded evidence of a purported prior will signed by the decedent in a will contest. The will is relevant and admissible under a hearsay exception. It may weigh on determinations regarding testamentary capacity and undue influence, and the record does not indicate the trial court weighed the evidence properly. Reversed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: December 1, 2023, Case #: S-22-979, Categories: Evidence, Wills / Probate
J. Cassel finds the trial court properly convicted defendant for firearm possession by a prohibited person and unlawful discharge of a firearm. Eyewitness testimony, along with the discover of a gun and shell casings found in defendant's apartment, support the convictions. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: November 17, 2023, Case #: S-22-810, Categories: Evidence, Firearms
J. Papik finds the district court properly reinstated the former psychiatric patient’s firearms rights which were restricted pursuant to his decades-earlier commitment for attempted suicide. The court found that the former patient had shown that he was not likely to act in a manner dangerous to the community and that the requested relief would not be contrary to public interest. No error of law or abuse of discretion is found. The mental health board has made no argument as to evidence sufficiency. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik, Filed On: November 9, 2023, Case #: S-23-032, Categories: Evidence, Commitment, Firearms
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
Per curiam, the Nebraska Supreme Court overrules the land developer’s motion for rehearing of the previous reversal of the district court’s finding in the developer’s favor on unjust enrichment claims against the landowner from which it bought a tax certificate which was voided after title was quieted in the previous owner. The opinion remains unchanged, though the analysis is modified to clarify the court’s reasoning as to the application of claim preclusion against an involved contractor.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: November 3, 2023, Case #: S-22-673, Categories: Property, Tax
J. Freudenberg finds the district court improperly convicted defendant for possession of a controlled substance. The court found the search of defendant’s bedroom which yielded the controlled substance, after his arrest for DUI, was lawful according to terms of his already-ended probation on unspecified felonies and misdemeanors. The court pronounced that the probation terms were extended after the original term before conducting a hearing on an information to revoke probation. This is not permitted by the Nebraska Probation Administration Act. Reversed, vacated and remanded.
Court: Nebraska Supreme Court, Judge: Freudenberg, Filed On: November 3, 2023, Case #: S-23-056, Categories: Drug Offender, Probation, Search