16 results for 'judge:"Papik "'.
J. Papik finds the trial court properly convicted defendant for murder, assault and use of a deadly weapon to commit a felony. It is undisputed the 16-year-old defendant fired multiple shots after an argument at a shopping mall, killing the victim. Surveillance video showing all events supports the conviction. The court properly excluded the evaluating psychologist's testimony suggesting the initial shot fired by defendant put him in a state of peritraumatic dissociation, as it did not assist the trier of fact to understand the evidence or determine a factual issue. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: May 3, 2024, Case #: S-22-934, Categories: Murder, Weapons, Experts
J. Papik finds the trial court properly convicted defendant for murder, firearm use and witness tampering. Ample evidence, including cell phone location date, eyewitness accounts and videos defendant uploaded to Snapchat wherein he admitted to shooting his ex-girlfriend support the convictions. Though defendant says the court erroneously admitted expert testimony regarding the location data, overruling certain objections that defense counsel did not pursue and in declining to strike victim impact material, these arguments are without merit. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: March 8, 2024, Case #: S-22-560, Categories: Murder, Witnesses, Experts
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
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
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
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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. 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
J. Papik finds the trial court properly convicted defendant by a no-contest plea for DUI causing serious bodily injury and third-degree assault arising from a car collision. The state presented sufficient evidence to support the charges, and the 1-year sentence and $10,000 fine were properly assessed according to statutory guidelines. Affirmed.
Court: Nevada Supreme Court, Judge: Papik , Filed On: December 1, 2023, Case #: S-23-243, Categories: Evidence, Sentencing, Dui
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. Papik finds the trial court properly granted summary judgment to the state in this negligence claim arising from the collision of a mower with a picnic table at which a park-goer was seated. The mower slid down a slope, which was wet due to the previous day���s rain. The State Tort Claims Act provides the state immunity from certain claims arising from conditions caused by weather. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik, Filed On: October 13, 2023, Case #: S-22-952, Categories: Tort, Immunity, Negligence
J. Papik finds the trial court improperly entered judgment against the property owners for unjust enrichment in this suit brought by the purchaser of the property���s tax certificate, which paid its taxes before title was quieted in the owners when it was found that the purchaser did not comply with tax sale statutes. The purchaser transferred the property to an entity whose parent company paid taxes on its behalf. The transferee and its parent company were in privity in the quiet title suit and so the transferee is precluded from litigating this suit. The purchaser���s claim for reimbursement could have been awarded as part of relief the owners sought in a previous lawsuit involving all the parties, and so it is also precluded from seeking relief. A third owner did not plead claim preclusion in the district court and did not appeal the judgment. Affirmed in part. Reversed in part.
Court: Nebraska Supreme Court, Judge: Papik, Filed On: August 11, 2023, Case #: S-22-673, Categories: Property, Tax, Business Expectancy
J. Papik finds the trial court improperly granted the residential development group's motion for directed verdict in this suit brought by the accountant who was not paid for services. The court found the oral agreement unenforceable, falling within a statute of frauds provision requiring agreements ���not to be performed within one year��� to be in writing. That the development was a ���long-term project" does not demonstrate that the developer could not perform its obligations within the first year. A reasonable jury could find that the parties formed an enforceable contract when the developer promised to pay $1,000 from every closing. Such a contract would not be covered by the administrative rule relied upon by the developer. No other challenge is raised. Affirmed in part. Reversed in part and remanded.
Court: Nebraska Supreme Court, Judge: Papik, Filed On: July 14, 2023, Case #: S-22-622, Categories: Construction, Contract
J. Papik finds the trial court properly convicted defendant, by plea agreement, for manslaughter and use of a firearm to commit a felony in the shooting death of his girlfriend. Defendant claims that his counsel was ineffective in advising him to plead guilty and the court denied his motion to withdraw his plea. Because direct appeal was still available to defendant for his claims of ineffective assistance, the district court lacked jurisdiction to allow defendant to withdraw his plea. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: June 30, 2023, Case #: S-22-929, Categories: Firearms, Plea, Manslaughter
J. Papik finds the Nebraska Court of Appeals improperly determined that defendant, who pled guilty to two counts of firearm possession by a prohibited person, was entitled to relief for ineffective assistance of counsel on the grounds that his counsel did not consult with him as to whether or not he wanted to appeal. Defendant did not allege in his postconviction motion that counsel failed to consult, but that appeal was requested and not filed. The Court of Appeals erred by finding that defendant was entitled to relief on the failure to consult theory. Reversed and remanded with directions.
Court: Nebraska Supreme Court, Judge: Papik, Filed On: June 9, 2023, Case #: S-21-812, Categories: Firearms, Ineffective Assistance, Plea
J. Papik finds the trial court properly convicted defendant for murder and use of a deadly weapon to commit a felony. The victim, a real estate agent, had shown a house to defendant the day before his body was found at that same house. Defendant had credit issues and was also being threatened with eviction. Witnesses testified to encountering a man fitting defendant���s description at the house the day before the body was discovered. Split-screen surveillance video of the area, showing slowed footage of an individual walking alongside slowed footage of defendant walking was properly admitted. All evidence supports conviction. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik, Filed On: June 2, 2023, Case #: S-22-412, Categories: Evidence, Murder
J. Papik finds the district court improperly entered summary judgment in favor of the eye surgeon whose patient experienced pain and reduced vision after cataract surgery. The surgeon claimed the action was brought after limitations but did not assert in his answer that the patient���s claims were barred. The surgeon was therefore precluded from raising limitations in his summary judgment motion. The statute of limitations is an affirmative defense that is waived if the defendant fails to plead it. Reversed and remanded.
Court: Nebraska Supreme Court, Judge: Papik, Filed On: May 19, 2023, Case #: S-22-268, Categories: Health Care, Negligence, Due Process