264 results for 'court:"Nebraska Court Of Appeals"'.
J. Moore finds the trial court properly denied defendant's motion seeking postconviction relief following an evidentiary hearing. Defendant was convicted for attempted murder for the shooting of his deceased (by suicide) cousin's surviving girlfriend. Ever-changing postconviction testimony of another cousin and defendant's brother regarding the identity of the shooter is not credible. Evidence presented in the evidentiary hearing cannot overcome the strength of the victim’s trial testimony identifying defendant as the shooter. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: January 23, 2024, Case #: A-22-869, Categories: Evidence, Murder, Due Process
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for attempted first-degree sexual assault. The 15-year-old victim testified the 21-year-old defendant, though they had been in a relationship, forced her to have intercourse when she broke up with him. He denied this, though DNA evidence shows the encounter happened and supports the conviction. All statutory factors were considered and the 15-20 year sentence is within limits. Counsel was not ineffective for not challenging the admission of victim testimony that defendant had grabbed her by the hair. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: January 16, 2024, Case #: A-23-613, Categories: Dna, Evidence, Sex Offender
J. Bishop finds the trial court properly modified the custody order granting the parents joint physical custody of their son, with equal parenting time. The mother's claims of harmful conduct by the father were unfounded, while the child admitted to lying about being abused and record evidence shows the child's behavior improved after equal parenting time was awarded. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 16, 2024, Case #: A-23-111, Categories: Evidence, Family Law, Guardianship
J. Welch finds the county court, sitting as juvenile court, properly terminated the father's parental rights to his two sons. After the children were removed from the mother's home and placed in state custody, the father, who had been incarcerated, moved to intervene. He then failed to adequately make progress on his case plan goals and recommendations to provide permanency. The record also shows he did not have a beneficial relationship with the children at the time of the termination hearing. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: January 16, 2024, Case #: A-23-410, Categories: Evidence, Family Law, Guardianship
J. Welch finds the trial court properly convicted defendant, by guilty plea, for first offense driving during revocation. Defendant was pulled over for speeding and his license plate was found to be fictitious. His driver's license was also found to have been revoked for 3rd offense DUI. Though defendant claimed he was not aware his ignition interlock permit was revoked, the trial court properly imposed a 2-year waiting period before he may have another interlock device installed. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: January 16, 2024, Case #: A-23-474, Categories: Sentencing, Dui, Vehicle
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J. Arterburn finds the juvenile court properly entered an order for the removal of the daughter, who tested positive for meth and codeine immediately after her birth. After the daughter was returned to her mother following a year in foster care, the mother sought childcare with the previous foster parents. The mother's contact with the foster parents gradually decreased until the foster parents were the primary caregivers by the time the child was 6 years old. The mother's failure to maintain contact negatively impacted the child's mental health, and the court properly found her to be at risk of harm due to the mother's faults and habits. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: January 9, 2024, Case #: A-23-460, Categories: Evidence, Family Law, Guardianship
J. Pirtle finds the lower court properly terminated the mother's parental rights to her three children. The children were removed after the mother was accused of abuse by her husband's child. Two of her children, including one diagnosed with brittle bone disease, expressed fear of their mother, indicating that they did not want to see her. Another child indicated that he was terrified of his mother and that his brother got physically ill when she was spoken-of. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: January 9, 2024, Case #: A-23-531, Categories: Evidence, Family Law, Guardianship
J. Moore finds the county court properly denied defendant's motion for postconviction relief without an evidentiary hearing. Defendant's DUI and related convictions are supported by sufficient evidence, and his claims are either procedurally barred, insufficiently pleaded or refuted by the record. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: January 9, 2024, Case #: A-22-903, Categories: Double Jeopardy, Dui, Vehicle
J. Welch finds the trial court properly convicted defendant for making terroristic threats, firearm possession by a prohibited person, and use of a firearm to commit a felony based on sufficient evidence. The victim, who had briefly dated defendant, testified she recognized his voice when he approached her in a grocery store parking lot, wearing a mask and brandishing a gun, and threatened to kill her. The weapon was found after a chase, pursuant to warrant, and a DNA test matched it with defendant. Though the affidavit supporting the warrant erroneously stated defendant had been convicted for murder, it still contained sufficient facts to support the warrant after the statement was excised. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: January 9, 2024, Case #: A-22-738, Categories: Evidence, Firearms, Terrorism
J. Bishop finds the county court improperly entered the protection order sought by a father against his romantic partner on behalf of himself and his son, based on various allegations of infidelity, drug use, and physical and psychological abuse. Certain alleged physical contact referred to an isolated incident, and there is insufficient evidence to support the order. Reversed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 9, 2024, Case #: A-23-323, Categories: Evidence, Restraining Order
J. Arterburn finds the county court properly declined to approve the personal representative deeds in an estate dispute. The deeds were applied for by the representative and son of the decedent contemporaneously with the recording of joint tenancy warranty deeds and would have distributed property differently from the decedent's will. The record indicates there are various execution dates of the deeds, uncertain sets of terms, erroneous legal descriptions, the possible misnaming of grantors or grantees, and undue influence. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: January 2, 2024, Case #: A-22-920, Categories: Evidence, Wills / Probate, Due Process
J. Pirtle finds the county court properly dismissed the father's complaint to modify child support. The amounts at issue are arrearages and interest, and payments become a vested right of the payee as they accrue. While a past-due arrearage is already accrued and vested, a future payment is not, and the court may, therefore, modify the amount due in the future, but cannot forgive or modify those past-due. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: January 2, 2024, Case #: A-23-135, Categories: Family Law, Guardianship
J. Bishop finds the district court properly entered the decree of paternity, custody, support and visitation. The never-married parents agreed to use a basic income worksheet to determine support rather than the joint-custody worksheet, but never submitted their proposed decree. Three years later the court entered a decree that deviated from guidelines. The father points out large deposits made to the mother's bank accounts but fails to note the deposits were loans for a house and car, rather than income. He also fails to sufficiently support his contention the court improperly imposed portions of, rather than the entire, agreement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 2, 2024, Case #: A-22-586, Categories: Family Law, Guardianship, Contract
J. Pirtle finds the trial court properly convicted defendant for first-degree sexual assault on a child, incest with a victim under 18 years of age, and third-degree sexual assault on a child. The stepmother's testimony regarding the number of text messages the child had received from her stepfather, and that he had hit her, did not prejudice him. Furthermore, her interrupted, incomplete statement she “was aware of some physical” does not constitute character evidence, and attempts to complete the sentence are merely speculative. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: January 2, 2024, Case #: A-22-776, Categories: Evidence, Sex Offender, Child Victims
J. Riedmann finds the county court properly denied defendant's verified motion for postconviction relief without an evidentiary hearing in connection with his sexual assault of a child conviction. Defendant's petition states he does not know whether a plea offer had been made by the state, but that counsel would be ineffective for not relaying it if one had been made. The absence of an allegation a plea offer was actually made is sufficient defect to deny an evidentiary hearing. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: January 2, 2024, Case #: A-23-200, Categories: Sex Offender, Plea, Child Victims
J. Pirtle finds the trial court improperly divided the marital estate. The case must be remanded so the trial court can recalculate the property division involving property and assets held by each party prior to marriage, farming property and assets acquired during the marriage, and property left to the husband during the marriage by his parents. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: December 26, 2023, Case #: A-22-897, Categories: Family Law, Property, Contract
J. Riedmann finds the trial court properly overruled the father's complaint to modify a custody order and parenting plan. The mother received sole physical and legal custody of the son after the father incurred a broken back, traumatic brain injury and bleeding in his brain from a car accident. Though the father has since married and has responsibility for his new wife's children, he has been found to have a greater earning capacity than his monthly disability benefits. He has failed to show a material change in circumstances to warrant modification. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: December 26, 2023, Case #: A-23-093, Categories: Family Law, Guardianship, Contract
J. Bishop finds the district court properly affirmed its entry of a domestic abuse protection order against a woman's ex-boyfriend. Sufficient evidence involving the ex-boyfriend's uninvited entry into her home, his threats and assault, and calling her from a "no caller ID" telephone number support the order. Furthermore, he placed her in fear of bodily injury by way of credible threat implied by a combination of his conduct and communications. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: December 26, 2023, Case #: A-23-271, Categories: Evidence, Domestic Violence, Restraining Order
J. Welch finds the lower court properly divided the marital estate and determined custody, child support and alimony in a divorce case. A financial services firm's statements corroborated the husband's testimony regarding contributions and withdrawals, and the lower court's decision to award the marital property to the wife so the children could remain in the home they had always known did not constitute an abuse of discretion. All evidence supports the court's calculations of assets, as well as the best-interest finding involving the children. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: December 26, 2023, Case #: A-22-874, Categories: Family Law, Property, Guardianship
J. Riedmann finds the district court properly found in favor of a driver in this motor vehicle negligence action. No expert testimony was presented, and such jury instruction was not warranted. The injured party did not seek lost wages, and no abused of discretion or ineffective assistance is found. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: December 26, 2023, Case #: A-23-034, Categories: Tort, Vehicle, Negligence
J. Riedmann finds the trial court properly convicted defendant for disorderly conduct, sentencing him to 60 days in jail. An altercation involving the use of a leaf blower ensued when defendant interrupted the worker. The credibility and demeanor of multiple witnesses who claimed they were afraid of defendant support the conviction. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: December 26, 2023, Case #: A-23-256, Categories: Evidence, Assault, Battery
J. Welch finds the district court properly denied defendant's motion for postconviction relief without an evidentiary hearing. Defendant pled no contest to theft by receiving in the amount of $5,000 or more. Following the dismissal of his first appeal concerning sentencing and ineffective assistance claims, his motion for postconviction relief involving claims of unreasonable search and seizure and due process violations is procedurally barred. Furthermore, he fails to sufficiently allege his ineffective assistance claim. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: December 26, 2023, Case #: A-22-950, Categories: Constitution, Search, Theft
J. Riedmann finds the district court properly convicted defendant for perjury. During her trial on a theft charge, she lied when she was asked if she had ever been convicted for a felony. Furthermore, a claim of ineffective assistance of counsel is rejected because defendant failed to allege specific unreasonable advice of counsel as to vitiate the knowing and intelligent waiver of the right. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: December 26, 2023, Case #: A-23-231, Categories: Ineffective Assistance, Perjury
J. Welch finds the trial court properly convicted defendant for possession of a controlled substance, resisting arrest and child abuse based on sufficient evidence. Defendant's vehicle contained cocaine and marijuana, and, upon a search of the hotel room described by the informant, police found drugs, as well as defendant's brother watching defendant's children and dogs in poor living conditions. Furthermore, evidence of child abuse, as well as that of certain witness testimony, were properly allowed and not prejudicial. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: December 19, 2023, Case #: A-22-595, Categories: Drug Offender, Evidence, Child Victims
J. Arterburn finds the district court properly found the ex-wife in a post-divorce case was not in contempt. The husband says the ex-wife improperly claimed a particular child on filings for which the child was not designated. Evidence shows she relied on the advice of her tax advisor, the child's having reached the age of majority, her provision of support and adult child's consent to her claiming him as a dependent. The mother reasonably believed she could legally claim the child in her taxes. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: December 19, 2023, Case #: A-22-978, Categories: Family Law, Tax, Guardianship
J. Arterburn finds the district court improperly found for a contractor on a food producer's negligence claim against a contractor for the mishandling of manure that allegedly led to an outbreak of disease among the producer's hogs. Contrary to the district court's finding, the contractor owed the producer a general duty of care. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: December 19, 2023, Case #: A-23-116, Categories: Agriculture, Negligence, Contract
J. Pirtle finds the lower court properly denied the 15-year-old defendant's motion to waive jurisdiction to the juvenile court. Defendant was charged with attempted murder, assault and use of a deadly weapon to commit a felony for stabbing the 15-year-old victim. Although defendant has no criminal history, factors weigh in favor of the lower court's retention, including defendant's stated desire to kill people, his choice of a random victim and his statement that stabbing him "kind of felt nice." Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: December 19, 2023, Case #: A-23-581, Categories: Evidence, Juvenile Law, Murder