37 results for 'judge:"Riedmann "'.
J. Riedmann finds that the county court improperly continued the protection order sought by the mother for her minor son. The mother alleges that the son's former boss tried to intimidate her son into returning to work, a place where he was allowed to consume alcohol, and which affected his grades at school. Nothing in the record shows that the employer's conduct would threaten or intimidate a reasonable person. Alleged text message threats were not offered into evidence, and the mother's testimony is insufficient to support a finding that the employer engaged in threats or intimidation. Reversed and remanded.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: July 25, 2023, Case #: A-22-787, Categories: Evidence, Restraining Order
J. Riedmann finds the district court properly entered the harassment protection order against the property owner involved in a boundary dispute resulting in trespass, vandalism and a fight resulting in hospitalization. Evidence presented at the show cause hearing, including the petition, affidavit, testimony and exhibits outweigh arguments that the injured party���s lack of recollection and failure to identify a series of acts precludes the order. The aggressor���s argument ignores evidence of and reference to the two-year dispute. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: June 20, 2023, Case #: A-22-801, Categories: Property, Restraining Order, Assault
J. Riedmann finds the trial court properly convicted defendant for terroristic threats, use of a firearm to commit a felony, possession of a deadly weapon by a prohibited person, possession of a stolen firearm, carrying a concealed weapon and intimidation or possession of implements of escape. After being arrested with his twin brother, defendant pulled a firearm from his waist band in a changing room at the jail and pointed it at officers while trying to find his brother. When he couldn���t find his brother, he shot himself in the chin. A case cited by defendant in support of his motion to withdraw his guilty plea is inapplicable, as defendant had benefit of counsel. He also failed to assign error as to his motion to withdraw counsel. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: June 20, 2023, Case #: A-22-806, Categories: Firearms, Escape, Terrorism
J. Riedmann finds the trial court properly convicted defendant for two counts of the sexual assault of his girlfriend���s daughter, providing her with ���vapes��� in exchange for allowing him to give her ���backrubs��� which included sexual acts. All evidence supports conviction, and the sentences were imposed within guidelines. Defendant���s claims of counsel���s failure to comment on the factual basis at the plea and sentencing hearing, to review the victim���s interview for discrepancies with her deposition, and to advise on DNA testing are without merit. Remaining claims of ineffective assistance cannot be addressed on direct appeal and are preserved for postconviction review. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: June 20, 2023, Case #: A-22-945, Categories: Evidence, Sex Offender, Child Victims
J. Riedmann finds the district court improperly dismissed this suit seeking damages sustained in a motor vehicle accident involving a state employee. Though the case had been pending for 18 months without prosecution, a progression schedule was drafted upon the order to show cause. The court relied on the work completed prior to the hearing and did not consider the remaining factors, and although the party filing suit had no excuse for the delay, remaining factors indicate good cause existed. Reversed and remanded.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: June 20, 2023, Case #: A-22-387, Categories: Tort, Vehicle, Due Process
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[Consolidated.] J. Riedmann finds the trial court properly convicted defendant for assault by strangulation, domestic assault and child abuse. The father testified that he told defendant to stop arguing in front of their children which caused her to grab the back of his shirt, resulting in strangulation. Defendant then hit him in the face while holding their crying minor child. Another case arose from an officer���s investigation into defendant���s threatening of suicide and the suicide of the children, which resulted in her biting an officer during has attempt to detain her. All evidence supports conviction. There was no abuse of discretion in the court���s overruling defendant���s motion to withdraw her plea. The record is sufficient to address her claim of ineffective assistance and refutes the allegations. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: June 13, 2023, Case #: A-22-884, Categories: Assault, Plea, Child Victims
J. Riedmann finds the trial court properly convicted defendant for assault, use of a firearm to commit a felony and prohibited firearm possession. Defendant allegedly shot his mistress in the thigh after she broke his necklace during a night of partying. Text messages were properly admitted, the import being not that a particular involved party sent the messages, but that defendant received them, and his responses did not negate or dispute his shooting of the victim. All evidence is sufficient to support conviction. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: May 30, 2023, Case #: A-22-504, Categories: Evidence, Firearms, Assault