35 results for 'judge:"Riedmann"'.
J. Riedmann finds the district court properly denied defendant's motion to transfer his case to the juvenile court. Sufficient evidence supports allegations against the 16-year-old involving his sexual abuse of children, including one younger than 1 year old. Defendant's prior involvement with the juvenile court system, the allegations being made within three months of his return home, the severity of the allegations and the public’s need for protection makes retention in the district court proper. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: April 23, 2024, Case #: A-23-880, Categories: Juvenile Law, Sex Offender, Jurisdiction
J. Riedmann finds the district court properly convicted defendant for simultaneous firearm and drug possession. Drug task force officers discovered the items in defendant's apartment during a warranted search. Defendant sought to challenge the conviction on speedy trial grounds, though she has acknowledged the continuance time period was properly excluded. Her claims of ineffective assistance based on her counsel's having caused that error are without merit. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: April 2, 2024, Case #: A-23-475, Categories: Drug Offender, Firearms, Speedy Trial
J. Riedmann finds the county court improperly divided the marital estate. The ex-husband did not list the value for numerous items and both parties did not agree on the value of any item at issue. The total value of the marital assets was $212,000, with a joint property statement showing debts totaling $80,000. It is unclear from the record whether the court intended a specific distribution percentage or simply a distribution of assets and corresponding debt. The portion of the decree valuing and dividing the marital estate is vacated. Vacated in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: March 26, 2024, Case #: A-23-386, Categories: Debt Collection, Family Law, Property
J. Riedmann finds the county court properly dismissed the land sellers' conversion, contract and related claims with prejudice. The seller's causes of action are barred by the statute of limitations. Furthermore, the discovery rule does not apply to breach of contract or conversion claims, and they failed to particularly allege fraudulent concealment. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: March 26, 2024, Case #: A-23-353, Categories: Agriculture, Fraud, Property
J. Riedmann finds the trial court properly convicted defendant for manslaughter, attempted terroristic threats and firearm possession. Witnesses testify defendant shot his girlfriend during a night of drinking after a contentious phone call with his ex-wife regarding child custody issues. Sufficient evidence supports the convictions, though a matter of sentencing is remanded to correct certain sentences from determinate to indeterminate according to statute. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: March 12, 2024, Case #: A-23-367, Categories: Firearms, Manslaughter, Terrorism
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J. Riedmann finds the county court properly classified and distributed the marital estate. Certain retirement accounts, which one party of the same-sex marriage had established before the marriage, were properly awarded to that party. The other party properly received portions to which she contributed during the marriage. Though the home, owned by one party before the marriage, had increased in value, it was encumbered to its full value at the time of separation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: February 13, 2024, Case #: A-20-901, Categories: Family Law, Property, Contract
J. Riedmann finds the county court improperly dismissed the biological father’s application to set aside the stepparent adoption. The mother claimed the father had abandoned the child and that she did not need his permission for the adoption, and the father asked the matter be set for hearing. The court found the application to sound in equity and that it lacked jurisdiction. Furthermore, the court said the hearing was to determine whether the application should be heard, then ruled an evidentiary hearing should be held. The court did not decide the merits, which remain pending. Reversed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: February 6, 2024, Case #: A-23-429, Categories: Family Law, Due Process, Guardianship
J. Riedmann finds the county court properly convicted defendant by plea agreement for sexual assault and strangulation. Though defendant claims he was in a consensual relationship with the victim, all evidence, including DNA and text messages, as well as injuries to the victim, supports the conviction. The plea agreement was entered into knowingly and intelligently, and defendant does not present any argument as to trial counsel's alleged failure to inform him of the victim's medical records. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: January 30, 2024, Case #: A-23-677, Categories: Dna, Evidence, Sex Offender
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. 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. 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. 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. 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. Riedmann finds the county court properly held the personal representative of her mother's estate had violated her duties and removed her as personal representative. The personal representative kept financial records from her sister, concealing funds in a joint account she had with the decedent, opened after her death through the representative's power of attorney. The representative also failed to respond to her sister's requests for documentation. The estate tax worksheet showed the estate, including the joint account, would be divided equally between the sisters. This material misrepresentation to the court was also a breach of duty. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: November 28, 2023, Case #: A-22-766, Categories: Wills / Probate, Fiduciary Duty
J. Riedmann finds the trial court properly convicted defendant for two counts of possession of a controlled substance. Defendant does not claim or make a preliminary showing the investigator knowingly omitted information about photographs of stolen property shot by the informant, and the search warrant affidavit contained statements of sufficient probable cause and led to the discover of the drugs. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: November 14, 2023, Case #: A-23-082, Categories: Drug Offender, Evidence, Search
J. Riedmann finds the district court properly reinstated this child custody case, awarding the never-married parents joint legal and physical custody. The father spent several nights at a time at the mother’s house, operating as a family even after the couple’s relationship dissolved. After the father began dating another woman, the mother would not let him visit and she later moved to Nevada for a new job. Litigation became very complex after the father filed to establish custody and parenting time, and the case was eventually dismissed due to lack of prosecution. After the father’s motion to reinstate, the court determined that the mother failed to show the Nevada job constituted an improvement in employment. The court made findings that the father testified in a credible manner, but the mother did not, inaccurately claiming the father abandoned the child. Though the case had been dismissed when the mother left for Nevada, it was likely to be reinstated. The court’s statement regarding such is not enough to overcome the burden on a party seeking to disqualify a judge for alleged bias. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: October 31, 2023, Case #: A-23-004, Categories: Evidence, Family Law, Guardianship
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for burglary and obstruction. Defendant was caught in the act of stealing an Xbox from an apartment when police responded to the apartment manager’s call. The minimum limit of defendant’s combined concurrent sentences is 16 months and the court’s statement of parole eligibility was nine months. Pronounced terms prevail over any conflict with truth-in-sentencing advisements. Without loss in good time, defendant is parole eligible after eight months. Because the truth-in-sentencing statements are not part of the sentence, no modification is required. The record does not disclose conversations between counsel and defendant and the court of appeals is unable to review claims of ineffective assistance. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: October 17, 2023, Case #: A-23-170, Categories: Burglary, Sentencing, Obstruction
J. Riedmann finds the trial court properly convicted defendant for DUI. Defendant was arrested after the officer responded to a call that he was drunk in a grocery store. The officer confronted defendant while sitting in his car, parked in a handicapped spot, with a strong odor of alcohol coming from the vehicle. Defendant said that he was “waiting until he could leave to go home.” His car keys were on the ground and defendant was forcefully removed after not responding to requests to exit the vehicle. All evidence supports the conviction. A driver’s permit that, when photocopied, displayed the word “VOID” was properly allowed. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: October 3, 2023, Case #: A-22-774, Categories: Evidence, Dui
J. Riedmann finds that the trial court properly convicted defendant, the victim's mother, for intentional child abuse and accessory to first-degree sexual assault of a child. The victim was 11 years old when the mother's husband began committing the assaults, which included full vaginal penetration. Though the mother was told this by her daughter, she allowed her husband to continue residing with the family. The victim became pregnant at the age of 12, which the mother addressed through abortion. Her husband continued residing with the family after this, and the abuse continued. The evidence is sufficient to support the conviction. However, the court committed plain error in sentencing defendant to a term of post-release supervision. Affirmed as modified.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: September 26, 2023, Case #: A-22-896, Categories: Sex Offender, Child Victims, Accomplice Liability
J. Riedmann finds the Workers’ Compensation Court properly determined the employee failed to prove that he suffered a neck injury during a surgical procedure to repair a work-related shoulder injury exacerbated by a fall on ice in the company parking lot. The neck injury was found by experts to be a routine flare-up of underlying cervical wear, and not an aggravation of the shoulder injury or caused by his positioning during surgery. The shoulder injury is compensable. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: August 29, 2023, Case #: A-23-002, Categories: Health Care, Tort, Workers' Compensation
J. Riedmann finds the juvenile court properly terminated a father’s parental rights to his son. After a domestic violence incident between the parents, the mother’s parental rights were terminated and the father was ordered to engage in various programs. The state filed a motion to terminate because the father had failed to reunify with another child already under the court’s jurisdiction, had failed to participate in a domestic violence course, failed to maintain contact with caseworkers, failed to undergo a psychological evaluation, failed to maintain a legal source of income, failed to undergo drug testing, failed to complete paperwork, and failed to participate in visitation. The child has been in out-of-home placement for 15 months, and all evidence and record support the best-interest finding. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: August 8, 2023, Case #: A-23-035, Categories: Evidence, Family Law, Guardianship
J. Riedmann finds the trial court properly convicted defendant for attempted sex trafficking and sexual assault. The 14-year-old girl disclosed that she was trafficked by defendant after she and another female minor were found to be runaways during a welfare check at defendant’s apartment. She recalled several incidents where she was threatened to allow multiple men to have sex with her over the course of hours in exchange for meth. Defendant’s ineffective assistance of counsel arguments fail as a matter of law because they were insufficiently pleaded and refuted by the record. All relevant factors were properly considered and there was no abuse of discretion in the sentences. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: August 1, 2023, Case #: A-23-063, Categories: Sentencing, Sex Offender, Child Victims
J. Riedmann finds the juvenile court properly transferred this case regarding the juvenile defendant’s possession of a firearm during the commission of a felony and possession of meth to adult court. Upon report of a number of runaway juveniles partying in a hotel room, officers discovered the items on defendant’s person during a search. The juvenile court found no relevant matters to consider. A review of rehabilitative efforts and defendant’s criminal history supports the conclusion that juvenile probation has been unsuccessful. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: August 1, 2023, Case #: A-23-208, Categories: Drug Offender, Firearms, Juvenile Law
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
[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