256 results for 'court:"Nebraska Court Of Appeals"'.
J. Arterburn finds the trial court properly convicted defendant for two counts of criminal attempt, aiding and abetting sexual assault and two counts of child abuse after she supported her husband in the commission of the offenses on their children. The court acknowledged defendant’s minimal criminal history as well as her issues with mental health. The seriousness of the offenses and the damage that resulted to her daughters outweighed these facts and the court’s careful consideration does not show an abuse of discretion. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: May 30, 2023, Case #: A-22-674, Categories: Sex Offender, Child Victims, Accomplice Liability
J. Pirtle finds the district court properly granted the subdivision residents’ petition for permanent injunction preventing a fellow owner from operating a junk car business on his property. The business owner’s distinction between the definition of “junk cars” and “junk trucks” goes against common understanding and against the intent of the owner’s contract. Also, the limitation on personal vehicles, as opposed to business-associated, was not overbroad. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: May 30, 2023, Case #: A-22-203, Categories: Property, Business Practices, Contract
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
J. Pirtle finds the juvenile court properly terminated the mother’s parental rights to her minor children. The mother was initially arrested after a welfare check during which injuries were observed on one of the children inconsistent with the mother’s explanation. She refused to follow up on recommendations for therapy and medication management, and after the case had been open for over five years, she had consistently failed to make progress with visitation and parenting skills, as well as engagement with rehabilitative services and employment. Record evidence amply documents safety concerns as well as the mother’s inability to make progress toward reunification. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: May 30, 2023, Case #: A-22-695, Categories: Family Law, Guardianship
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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Arterburn finds the district court properly granted summary judgment to the contractor in this negligence/injury suit brought by an employee hired to complete framing on a house. The contractor required the construction company to provide proof of workers’ compensation insurance. The employee was covered and has been compensated according to a settlement with the construction company. The contractor was not required to carry workers’ compensation insurance to be exempt from peculiar risk liability. The cited rule from relevant case law prohibits the contractor from being held liable as a matter of law. No exceptions apply. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: May 30, 2023, Case #: A-22-722, Categories: Construction, Contract, Workers' Compensation
J. Welch finds the trial court properly convicted defendant for firearm possession by a prohibited person and possession of more than one pound of marijuana. Stopped for speeding and other violations, defendant’s story did not match with his passenger’s. A search of the vehicle yielded the drugs and gun. Defendant was recorded on the cruiser cam saying that he was illegally in possession of the gun. Defendant’s criminal history was considered, along with his previous failures at probation and parole and his high risk to reoffend. The sentences were within the statutory range for habitual criminal enhancements and were not an abuse of discretion. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: May 23, 2023, Case #: A-22-077, Categories: Drug Offender, Evidence, Firearms
J. Welch finds the trial court properly convicted defendant by a no-contest plea for attempted sexual assault through the use of a communication device. Defendant answered an ad placed by investigators posing as a 15-year-old girl on a website known for prostitution. His communication showed his knowledge of the decoy’s age and his willingness to pay her for sex. All factors were properly considered and all evidence supports conviction. Though defendant lacks a criminal history, sentencing is supported by the benefit received from his plea agreement, the nature of the offense, his previous contact with an underage girl, the court’s finding that a lesser sentence would depreciate the seriousness of the offense and the fact that his sentence of 8-14 years was near the low end of the statutory range of up to 50 years’ imprisonment. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: May 23, 2023, Case #: A-22-775, Categories: Sentencing, Sex Offender, Child Victims
J. Arterburn finds the district court properly granted summary judgment to the restaurant named in this negligence suit arising from a trip and fall on a sidewalk outside the business, resulting in a broken hip. The injured party failed to meet her burden to prove that a dangerous condition on the sidewalk was the proximate cause of her fall and injuries. No evidence was shown by which a reasonable jury could infer the existence of the alleged dangerous condition. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: May 16, 2023, Case #: A-22-683, Categories: Evidence, Tort, Negligence
J. Welch finds the district court properly denied defendant’s motion for postconviction relief without an evidentiary hearing. Defendant was convicted for multiple charges of child sexual assault after his adopted daughter made the allegations while receiving medical care for attempted suicide. The record sufficiently refutes defendant’s claim that he was prejudiced by his counsel’s failure to utilize his tractor-trailer driving logs to prove an alibi. The logs did not encompass the entirety of the timeframes as necessary for an alibi defense. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: May 16, 2023, Case #: A-22-564, Categories: Evidence, Sex Offender, Child Victims
J. Arterburn finds the trial court properly denied defendant’s motion for absolute discharge on speedy trial grounds of his convictions for two counts of first-degree murder, two counts of use of a firearm to commit a felony, two counts of possession of a firearm by a prohibited person and one count of possession with intent to deliver cocaine. The speedy trial clock has been tolled due to defendant’s retained counsel’s filing of pretrial motions to depose witnesses which have yet to be resolved due to ongoing issues between defendant and his counsel. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: May 16, 2023, Case #: A-22-691, Categories: Drug Offender, Murder, Speedy Trial
J. Welch finds the county court properly denied defendant’s motion for new trial based on newly discovered evidence as to his convictions for child sexual assault and incest. Defendant claims that unreliable Y-STR DNA evidence caused him undue prejudice; though his motion for new trial was not supported by affidavits, depositions or testimony. The “new” evidence, even if admitted at trial, would not have produced a substantially different result. The Nebraska Court of Appeals makes no determination as to whether defendant’s evidence constitutes “newly discovered evidence.” Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: May 16, 2023, Case #: A-22-809, Categories: Dna, Sex Offender, Child Victims
J. Riedmann finds the county court properly determined that it lacked subject matter jurisdiction over the parolee’s petition for a declaration that he is not required to register as a sex offender. He pled no contest to seven counts of child abuse and one count of false imprisonment, and claims that there was no evidence of sexual penetration or contact. Defendant named only the state and its agency as defendants, which are entitled to sovereign immunity. Remaining assignments of error are not discussed. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: May 16, 2023, Case #: A-22-718, Categories: Sex Offender, Kidnapping, Child Victims
J. Pirtle finds the trial court properly denied defendant’s motion for postconviction relief from his sexual assault conviction. All evidence suggests that defendant’s girlfriend’s inebriated 17-year-old daughter was not capable of giving consent. Defendant failed to obtain forensic testing of bedding which the victim claimed to have blood on it prior to the evidentiary hearing on his motion. He has failed to establish a reasonable probability that forensic testing of the bedding would have altered the outcome. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: May 16, 2023, Case #: A-22-621, Categories: Evidence, Ineffective Assistance, Sex Offender
J. Riedmann finds the county court properly concluded that the biological father’s consent was not required for the child’s adoption. A week after meeting the father at a homeless shelter the mother became pregnant. There were episodes of domestic violence during pregnancy which at times resulted in the father “kicking the mother out” of the apartment they shared, leaving her to sleep on the street. The mother obtained certain necessary items to care for the baby through welfare services and the father sold them to buy marijuana. The father has willfully neglected the child, demonstrating abandonment. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: May 16, 2023, Case #: A-22-594, Categories: Family Law, Guardianship
J. Bishop finds the trial court properly convicted defendant for domestic assault. Defendant’s wife testified that, after she had filed for divorce, defendant tackled her on the bed, put his entire body weight on her and prevented her from leaving. She said defendant then took her pants off, forced her to have sex, then hid her pants, phone and keys, then began punching her and hitting her with a belt. The credibility and weight of the victim’s testimony is for the jury to decide. Photographic evidence and officer testimony also support conviction. The court properly considered all evidence and subjective circumstances during sentencing. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: May 16, 2023, Case #: A-22-658, Categories: Evidence, Assault