48 results for 'judge:"Bishop "'.
J. Bishop finds the trial court properly convicted defendant, by no contest plea, for sexual assault and child enticement of the 12-year-old, developmentally delayed girl. The girl disclosed that the defendant had picked her up from the side of the road and took her to his residence where he subjected her to penile vaginal penetration. It was within the sentencing court���s discretion to weigh factors supporting a lengthier sentence more heavily, such as the seriousness of the offense and the lasting impact on the young victim and her family. No abuse of discretion is found in the court���s imposing the 40-to-50-year consecutive sentences. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: October 3, 2023, Case #: A-23-219, Categories: Sentencing, Sex Offender, Child Victims
J. Bishop finds the district court properly denied the father���s request to modify custody of the children to a joint physical custody arrangement with their unmarried mother. The district court appropriately emphasized stability in the children���s routines and minimalization of contact and conflict between the parents. Although the parents��� communication has improved, disagreements still affect the children negatively. The district court, though, did not provide any explanation for deviating from child support guidelines, and abused its discretion in failing to set off non-reimbursed health care costs per child per year before triggering the father���s obligation to contribute. Affirmed in part. Affirmed in part as modified. Reversed in part. Vacated in part.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: August 29, 2023, Case #: A-22-786, Categories: Family Law, Guardianship, Contract
J. Bishop finds the juvenile court properly terminated the mother���s parental rights to her children. The state has alleged that the children lacked proper care by reason of the faults or habits of the mother, who signed a voluntary agreement to place the children in temporary custody with the Department of Health and Human Services. Both children tested positive for amphetamine, cocaine and cannabinoids, and the mother has failed to work with the department on a voluntary basis. She has also failed to provide safe, stable and appropriate housing and has left the children with inappropriate caregivers. All evidence supports the best interest determination. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: August 29, 2023, Case #: A-23-055, Categories: Family Law, Guardianship
J. Bishop finds the trial court properly denied the sexual assault defendant���s motion for absolute discharge. The pendency of defendant���s motion for discovery made before the filing of the information tolled the running of the statutory speedy trial period. Relevant statute dictates the exclusion of all time between defendant���s filing of a pretrial motion and the final disposition on that motion, regardless of the promptness or reasonableness of the delay of disposition. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: August 22, 2023, Case #: A-22-861, Categories: Sex Offender, Speedy Trial, Due Process
J. Bishop finds the trial court properly denied the husband���s motion to vacate the marriage dissolution decree, brought on claims that his ex-wife and her attorney had made material misrepresentations during trial. The husband failed to properly initiate his action and properly serve his ex-wife in accordance with statute governing the vacating or modifying of judgment. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: August 22, 2023, Case #: A-22-883, Categories: Family Law, Due Process
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J. Bishop finds the county court properly divided the couple���s property in this marriage dissolution. $26,456 was set aside as the husband���s premarital asset from a vehicle he used as a trade-in on his wife���s vehicle. Remaining funds went into a savings account which was deemed marital other than $75,000 of the husband���s premarital interest in the account, which he commonly used for operating expenses for the marital farm. Benefit the husband received by the court���s error in calculating division of the farm ends up providing an equitable equivalent to reducing the marital value of a particular year���s crop. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: August 15, 2023, Case #: A-22-226, Categories: Family Law, Property, Contract
J. Bishop finds that the trial court properly convicted defendant following his guilty plea for two counts of manslaughter and assault and one count of DUI for his role in a vehicle accident that killed two people. Defendant contests his cumulative sentence of 20 years, but the sentence is within guidelines. Also, defendant cannot show deficiency of representation as he was originally charged with homicide, with his counsel accomplishing a reduction of the charges and sentences by plea deal. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: July 25, 2023, Case #: A-22-960, Categories: Ineffective Assistance, Sentencing, Manslaughter
J. Bishop finds the juvenile court properly terminated the parents��� rights to their 3-year-old son. The child was originally removed due to concerns of domestic violence as well as their failure to provide proper care, support and safety. The father was ordered to complete a domestic violence program and to participate in family support services until his discharge from prison. At the time of the termination hearing, the child had been in out-of-home placement for two years, and it was found that neither parent had made progress toward reunification. No evidence showed any likelihood of progress in the future, and termination was found to be clearly in the child���s best interest. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: July 18, 2023, Case #: A-22-853, Categories: Family Law, Guardianship
J. Bishop finds the county court sitting as juvenile court properly terminated the mother���s parental rights to her two-year-old daughter. The child had been removed from the mother���s care shortly after birth due to concerns arising from the mother���s screaming at staff, her refusal to sign a treatment order, and her mental health history. After the state gained temporary custody and initiated a case plan with the goal of reunification, the mother failed to make progress, also engaging in conflicts with her attorney and the court. Due to questions as to her mental maturity as well as a past parental termination, all evidence supports that termination is in the child���s best interest. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: July 18, 2023, Case #: A-22-678, Categories: Family Law, Health Care, Guardianship
J. Bishop finds the county court properly declined to hold the mother in contempt for missed court-ordered parenting time with their father following his release from prison on convictions for sexual assault of a child not involving his own children. The father argues that the mother gave the children a choice as to whether or not they would visit him, though this isn���t the case. The children missed visits only two times due to unforeseen circumstances, and, though the mother discussed rules of visitation behavior with the children there is no evidence establishing that she intentionally interfered. Being the father was also found not to be in contempt, there is no authority for the court���s award of attorney fees to the mother. Affirmed in part. Reversed in part and remanded.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: July 11, 2023, Case #: A-22-578, Categories: Contempt, Family Law, Guardianship
J. Bishop finds the county court properly denied the 17-year-old defendant's motion to transfer his sexual assault case to the juvenile court. The arrest warrant affidavit explains that defendant sexually penetrated his 10-year-old sister while she was sleeping. All testimony and evidence, including forensic examination and interviews, support trial in adult court. Properly weighing all relevant factors, including defendant's lack of criminal history and the age of the victim, the court found it to be in defendant's best interest to be rehabilitated, which could not be accomplished in the limited time left under the juvenile court���s jurisdiction. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: July 3, 2023, Case #: A-23-204, Categories: Juvenile Law, Sex Offender, Child Victims
J. Bishop finds the county court, on review, properly affirmed the DMV���s revocation of defendant���s driver���s license for refusing to submit to a chemical test when arrested for DUI. All evidence supports revocation and all paperwork was properly submitted by law enforcement. A change in the wording on one form, substituting the word ���driver��� for the word ���individual,��� has no bearing on whether or not defendant was found to be in control of the vehicle. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: June 13, 2023, Case #: A-22-669, Categories: Dui, Vehicle, Due Process
J. Bishop finds the juvenile court properly entered order continuing temporary custody of the juvenile with the Department of Health and Human Services, excluding placement with the mother. The child was found to be at risk of harm due to the mother���s failure to comply with orders and withholding information as to her pregnancy. Two older children were previously removed due to domestic violence caused by one of their fathers, resulting in injury. The mother suspected that the father set her car on fire twice, yet still shows sympathy and concern for him, communicating with him while in jail. The mother���s continued connection with him places the child at risk for harm. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: June 13, 2023, Case #: A-22-863, Categories: Family Law, Guardianship
J. Bishop finds the trial court properly convicted defendant, by no contest plea, for operating a motor vehicle in a willful reckless manner and evading. Defendant was pursued by several police cruisers with sirens and light activated, at speeds of up to 100 mph, causing accidents, and he had children in the vehicle. Despite defendant���s lack of education, as well as his mental health, substance issues and his criminal history supports the sentence of 18 months in prison. The court committed plain error by failing to order the revocation of defendant���s license. Affirmed as modified
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: June 13, 2023, Case #: A-22-842, Categories: Sentencing, Escape, Vehicle
J. Bishop finds the district court, in this paternity suit, properly established the paternity of the child, awarding sole custody to the mother and ordering the father to pay support and fees. The father challenges Nebraska���s jurisdiction; and though Iowa is the child���s home state, the mother had moved to Nebraska in order to escape the abusive relationship with the father. Iowa has also declined jurisdiction, all supporting Nebraska���s jurisdiction. There is no abuse of discretion in the court���s orders for support and fees. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: June 6, 2023, Case #: A-22-317, Categories: Family Law, Jurisdiction, Guardianship
J. Bishop finds the trial court properly denied the aiding and abetting defendant���s motion for postconviction relief without evidentiary hearing. Even if trial counsel did not more thoroughly impeach the victim as to inconsistent statements about the details of the assault and robbery, defendant cannot show prejudice. The victim never wavered in significant descriptions of the perpetrators. Whether he was ���hit��� or ���jumped��� from behind is irrelevant, even assuming inconsistency of the descriptive words. Whoever initiated the attack does not change the fact of who participated. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: May 30, 2023, Case #: A-22-687, Categories: Robbery, Assault, Accomplice Liability
J. Bishop finds the trial court properly found defendant guilty of terroristic threats, kidnapping, sexual assault and use of a deadly weapon. Defendant says that the victim, a neighborhood acquaintance, went with him willingly to the isolated area where the assault took place. Defendant���s friend testified that defendant told him that he had abducted and sexually assaulted the victim, and forensic examination evidence supports the claims of sexual assault. Any deficient performance by trial counsel caused no substantial prejudice. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: May 30, 2023, Case #: A-22-611, Categories: Evidence, Sex Offender, Assault
J. Bishop finds that the lower court properly granted the property owner's motion for adverse possession of a strip of land shared with a neighbor. Evidence indicates the strip had been maintained by the property owner for more than 15 years and also included a portion of an above-ground pool, which established the necessary elements for possession. Although the neighbor entered the strip of land once a year to trim a hedge shared by the properties, this was not sufficient to interrupt the owner's possession of the property. Affirmed in part.
Court: Connecticut Court Of Appeals, Judge: Bishop, Filed On: May 19, 2023, Case #: AC45134, Categories: Evidence, Property