Nebraska Supreme Court Decisions 2020
Date: December 31, 2020
Citation: 308 Neb. 48
Docket Number: S-19-1048
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court finding that E. Jane Egan lacked standing to challenge the Lancaster County Board of Commissioners' issuance of a special use permit allowing Randy Essink to…
Date: December 31, 2020
Citation: 308 Neb. 28
Docket Number: S-19-472
Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the district court's order denying Timothy Grothen's application for modification of his alimony obligation in the decree dissolving his marriage…
Date: December 31, 2020
Citation: 308 Neb. 63
Docket Number: S-20-295
Justia Opinion Summary: The Supreme Court affirmed the order of the district court approving the Dodge County Board of Adjustment's grant of variance for a 4-H pigpen built in violation of county setback requirements, holding that competent…
Date: December 18, 2020
Citation: 308 Neb. 1
Docket Number: S-20-014
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court reversing and vacating the decision of the County of Knox board of supervisors approving a conditional use permit for an expansion of H&H Cattle's feedlot to…
Date: December 18, 2020
Citation: 308 Neb. 12
Docket Number: S-20-264
Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Grandfather's intervention, as a person standing in loco parentis, in a custody proceeding brought by Mother against Father, holding that the district…
Date: December 11, 2020
Citation: 307 Neb. 947
Docket Number: S-20-095
Justia Opinion Summary: The Supreme Court affirmed the order of the district court modifying several provisions of a judgment establishing custody, visitation, and support of minor children based on the common-law doctrine of in loco parentis,…
Date: December 11, 2020
Citation: 307 Neb. 968
Docket Number: S-20-109
Justia Opinion Summary: The Supreme Court affirmed Defendant's sentences imposed pursuant to jury convictions related to a prison escape, holding that Defendant's claims lacked merit. After a jury trial, Defendant was convicted of escape,…
Date: December 11, 2020
Citation: 307 Neb. 1002
Docket Number: S-20-178
Justia Opinion Summary: The Supreme Court reversed the decision of the district court entering summary judgment in favor of Heartland Heating & Air Conditions, Inc. on the claims brought by Troy and Julie Fuelberth alleging that Heartland's…
Date: December 4, 2020
Citation: 307 Neb. 874
Docket Number: S-19-1076
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying Defendant's motion for discharge, holding that the time Defendant spent incarcerated in Douglas County was properly attributable to Defendant for…
Date: December 4, 2020
Citation: 307 Neb. 882
Docket Number: S-20-034
Justia Opinion Summary: In this divorce action, the Supreme Court affirmed in part and reversed in part the judgment of the district court ordering Timothy Weiland to pay Ann Weiland a fixed award of $465 per month for military pension benefits…
Date: December 4, 2020
Citation: 307 Neb. 893
Docket Number: S-20-102
Justia Opinion Summary: In this proceeding brought by the daughters of Gale Marsh to determine the amount of inheritance tax due, the Supreme Court affirmed the county court's determination of the ownership interest of Marsh's revocable trust…
Date: December 4, 2020
Citation: 307 Neb. 910
Docket Number: S-20-122
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court transferring sole legal and physical custody over C.J. to Duke Jaeger, subject to Stacey Jaeger's parenting time, holding that the district court did not…
Date: December 4, 2020
Citation: 307 Neb. 927
Docket Number: S-20-195
Justia Opinion Summary: In this workers' compensation case, the Supreme Court affirmed the order of the compensation court granting Donna Parks compensation for chronic pain and aggravation of her mental health issues, both caused by a…
Date: November 20, 2020
Citation: 307 Neb. 817
Docket Numbers: S-20-009, S-20-244
Justia Opinion Summary: In case No. S-20-009, the Supreme Court reversed the order of the juvenile court denying Father's motion for placement, and in case No. S-20-244, affirmed the order of adjudication of the child over Father's objection,…
Date: November 20, 2020
Citation: 307 Neb. 862
Docket Number: S-20-026
Justia Opinion Summary: The Supreme Court affirmed the order of restitution entered by the separate juvenile court after Juvenile admitted to an amended allegation of disturbing the peace and quiet of another person, holding that the juvenile…
Date: November 13, 2020
Citation: 307 Neb. 795
Docket Number: S-19-1198
Justia Opinion Summary: The Supreme Court dismissed Tenant's appeal from an order of summary judgment in favor of Landlord on Landlord's claim seeking restitution of the premises pursuant to the forcible entry and detainer (FED) statutes, Neb.…
Date: November 13, 2020
Citation: 307 Neb. 748
Docket Number: S-19-343
Justia Opinion Summary: In this marital dissolution action, the Supreme Court reversed the judgment of the court of appeals to the extent it affirmed the district court's disposition of Husband's 401K accounts, holding that the court of appeals…
Date: November 13, 2020
Citation: 307 Neb. 762
Docket Number: S-19-780
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of first degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person, holding that the district court did not err…
Date: November 13, 2020
Citation: 307 Neb. 773
Docket Number: S-19-833
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences for second degree murder and use of a deadly weapon to commit a felony, holding that there was no merit to the errors assigned and argued by…
Date: November 13, 2020
Citation: 307 Neb. 809
Docket Number: S-20-184
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court summarily denying Defendant's motion to vacate or modify seeking reinstatement of his appeal a postconviction ruling, holding that the district court erred…
Date: November 6, 2020
Citation: 307 Neb. 733
Docket Number: S-19-1144
Justia Opinion Summary: The Supreme Court reversed the order of the district court dismissing Benjamin M.'s amended complaint seeking to establish custody, support, and parenting time, holding that the district court erred in failing to give…
Date: November 6, 2020
Citation: 307 Neb. 695
Docket Number: S-19-688
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for driving under the influence (DUI), fourth offense, holding that the district court did not err by receiving evidence of a prior conviction offered by the State in…
Date: November 6, 2020
Citation: 307 Neb. 702
Docket Number: S-19-690
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences for two counts of third degree sexual assault of a child, one count of attempted incest, and one count of attempted first degree sexual assault, holding…
Date: November 6, 2020
Citation: 307 Neb. 716
Docket Number: S-19-986
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding compensation totaling $4,625,967 for Elkhorn School District's taking of forty-three acres of Tribedo, LLC's property, holding that the district court…
Date: October 30, 2020
Citation: 307 Neb. 686
Docket Number: S-19-1205
Justia Opinion Summary: The Supreme Court affirmed Defendant's drug possession conviction, holding that the district court did not err in overruling Defendant's motion to suppress. Defendant was a passenger in a vehicle that was stopped for…
Date: October 30, 2020
Citation: 307 Neb. 599
Docket Number: S-19-132
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting judgment in favor of an accountant and his new firm on his claims against his former firm, holding that the judgment was not in error. After…
Date: October 23, 2020
Citation: 307 Neb. 529
Docket Number: S-19-423
Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the judgment of the juvenile court terminating Mother's parental rights to her two children, holding that clear and convincing evidence supported…
Date: October 23, 2020
Citation: 307 Neb. 549
Docket Number: S-19-856
Justia Opinion Summary: The Supreme Court dismissed this appeal from an order of the district court declining to issue a writ of mandamus in order for Appellant to obtain an audio recording of his criminal trial, holding that the district court…
Date: October 23, 2020
Citation: 307 Neb. 562
Docket Number: S-19-858
Justia Opinion Summary: In this insurance dispute, the Supreme Court affirmed the decision of the district court granting summary judgment for Allstate Indemnity Company, holding that property loss from Plaintiffs' tenants' producing or using…
Date: October 23, 2020
Citation: 307 Neb. 581
Docket Number: S-19-959
Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming Defendant's convictions and sentences for operating a motor vehicle to avoid arrest and obstructing a police officer, holding that the district court…
Date: October 16, 2020
Citation: 307 Neb. 495
Docket Number: S-19-1139
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Appellant's motion to suppress statements he made to law enforcement in an alleged violation of his Miranda rights, holding that the district court…
Date: October 16, 2020
Citation: 307 Neb. 477
Docket Number: S-19-972
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court confirming an arbitrator's award, holding that the court properly affirmed the award. Plaintiff brought this action against Defendant seeking rescission of a…
Date: October 16, 2020
Citation: 307 Neb. 512
Docket Number: S-20-660
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Plaintiff's lawsuit in which he sought to prevent Nebraska voters from amending provisions of the Delayed Deposit Services Licensing Act, Neb. Rev.…
Date: October 9, 2020
Citation: 307 Neb. 443
Docket Number: S-19-1065
Justia Opinion Summary: The Supreme Court reversed the decision of the district court affirming the judgment of the county court overruling Defendant's motion for absolute discharge under Nebraska's speedy trial statutes, holding that Defendant…
Date: October 9, 2020
Citation: 307 Neb. 452
Docket Number: S-19-1123
Justia Opinion Summary: The Supreme Court affirmed the judgment of the county court granting Gerald F.'s petition to be appointed guardian and conservator of a minor child and ordering Gerald to pay the guardian ad litem's (GAL) reasonable fees…
Date: October 9, 2020
Citation: 307 Neb. 465
Docket Number: S-19-1192
Justia Opinion Summary: The Supreme Court affirmed in part and vacated in part an order denying Defendant's motion for postconviction relief on his ineffective assistance of trial counsel claims, holding that precedent required that the Court…
Date: October 9, 2020
Citation: 307 Neb. 426
Docket Number: S-19-853
Justia Opinion Summary: The Supreme Court affirmed the dissolution decree in this case, holding that the no-fault divorce statutory scheme governing dissolution found at Neb. Rev. Stat. 42-347 to 42-381 is not unconstitutional. On appeal from…
Date: October 2, 2020
Citation: 307 Neb. 407
Docket Number: S-19-1102
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences in two cases in which he entered into no contest pleas to felony charges, holding that there was no error. In two separate cases, Defendant was charged…
Date: October 2, 2020
Citation: 307 Neb. 418
Docket Number: S-19-1173
Justia Opinion Summary: The Supreme Court affirmed the order of the district court imposing a life sentence for a second degree murder conviction to run consecutively with a sentence of twenty-five to thirty-five years' imprisonment for use of…
Date: October 2, 2020
Citation: 307 Neb. 346
Docket Numbers: S-19-378, S-19-533, S-19-932
Justia Opinion Summary: The Supreme Court affirmed a series of orders fixing fees for court-appointed counsel in a juvenile proceeding, holding that the juvenile court did not abuse its discretion. After Mother's children were adjudicated…
Date: October 2, 2020
Citation: 307 Neb. 375
Docket Numbers: S-19-520, S-19-840
Justia Opinion Summary: After Appellant appealed an order of the district court finding him in contempt of court and modifying terms of a parenting plan, the Supreme Court dismissed Appellant's appeal from an order of commitment and a purge…
Date: October 2, 2020
Citation: 307 Neb. 393
Docket Number: S-19-919
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for child abuse, holding that the plain language of Neb. Rev. Stat. 81-1848 allows a victim both to fill out a victim impact statement to be included in the presentence…
Date: October 2, 2020
Citation: 307 Neb. 400
Docket Number: S-19-939
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for violating a municipal ordinance prohibiting battery, holding that the Court was unable to read the merits of Defendant's appeal because he failed to…
Date: September 25, 2020
Citation: 307 Neb. 237
Docket Numbers: S-19-130, S-19-133
Justia Opinion Summary: The Supreme Court vacated the orders of the district court granting Defendant a new trial and absolute discharge, holding that the orders were void because the district court did not comply with the Supreme Court's…
Date: September 25, 2020
Citation: 307 Neb. 275
Docket Number: S-19-344
Justia Opinion Summary: The Supreme Court affirmed the order of the district court that modified the decree dissolving Jayson Tilson's marriage, holding that there was no merit to Jayson's claims on appeal. In 2015, the court entered a decree…
Date: September 25, 2020
Citation: 307 Neb. 309
Docket Numbers: S-19-729, S-19-730
Justia Opinion Summary: The Supreme Court reversed the judgments of the district court dismissing Appellants' automobile negligence actions after the court determined that they were barred by the parental immunity doctrine, holding that the…
Date: September 25, 2020
Citation: 307 Neb. 330
Docket Numbers: S-19-802, S-19-803
Justia Opinion Summary: The Supreme Court overruled the State's exceptions to the district court's dismissal of charges filed against Deborah Archer and Cory Russell, holding that there was no error in the district court's dismissal of the…
Date: September 25, 2020
Citation: 307 Neb. 339
Docket Number: S-20-459
Date: September 25, 2020
Citation: 307 Neb. 343
Docket Number: S-20-556
Date: September 18, 2020
Citation: 307 Neb. 172
Docket Number: S-19-020
Justia Opinion Summary: The Supreme Court vacated the order of the district court reversing and vacating the order of the Nebraska State Racing Commission directing Neb. Rev. Stat. 2-1207(2) funds collected by the Nebraska Horsemen's Benevolent…
Date: September 18, 2020
Citation: 307 Neb. 198
Docket Number: S-19-543
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court dismissing First State Bank Nebraska's (First State) claims against MP Nexlevel, LLC seeking performance under a contract, holding that the district court…
Date: September 18, 2020
Citation: 307 Neb. 221
Docket Number: S-19-810
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court entering summary judgment in favor of the State and dismissing Plaintiff's claims, including a violation of the Nebraska Wage Payment and Collection Act…
Date: September 4, 2020
Citation: 307 Neb. 1
Docket Number: S-19-448
Justia Opinion Summary: The Supreme Court reversed the order of the district court awarding custody of a child to an individual standing in loco parentis and, in this opinion, refined the standard for an exceptional case where a child's best…
Date: September 4, 2020
Citation: 307 Neb. 18
Docket Number: S-19-726
Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing Appellant's personal injury suit, albeit under different grounds for immunity than those relied upon by the district court, holding that the State had…
Date: September 4, 2020
Citation: 307 Neb. 47
Docket Number: S-19-857
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting a money judgment for Landlord after Tenant breached its leases on two commercial properties, holding that there was no merit in Tenant's arguments on…
Date: August 28, 2020
Citation: 306 Neb. 928
Docket Number: S-19-528
Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting in part judgment notwithstanding a jury verdict (JNOV) in favor of American Family Insurance Company on Valley Boys, Inc.'s complaint alleging that…
Date: August 28, 2020
Citation: 306 Neb. 947
Docket Numbers: S-19-669, S-19-674, S-19-675
Justia Opinion Summary: The Supreme Court affirmed the order of the district court finding that the production of aggregate by Ash Grove Cement Company qualified as "processing" under the Nebraska Advantage Act (NAA), Neb. Rev. Stat. 77-5701 to…
Date: August 21, 2020
Citation: 306 Neb. 853
Docket Number: S-19-578
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of one count of burglary and one count of theft by receiving stolen property, holding that Defendant's assignments of error were without merit. Specifically, the Supreme…
Date: August 21, 2020
Citation: 306 Neb. 875
Docket Number: S-19-638
Justia Opinion Summary: The Supreme Court affirmed the determination of the district court that Defendant committed an aggravated offense and was thus subject to lifetime registration under the Sex Offender Registration Act (SORA), holding that…
Date: August 21, 2020
Citation: 306 Neb. 890
Docket Number: S-19-880
Justia Opinion Summary: The Supreme Court affirmed the order of the district court finding Corey Braun in willful contempt of court for failing to hold his ex-wife, Jennifer Braun, harmless from joint mortgage debt on the marital home Corey was…
Date: August 21, 2020
Citation: 306 Neb. 904
Docket Number: S-19-938
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Plaintiff's complaint brought under 42 U.S.C. 1983 alleging that officials within the Nebraska Department of Correctional Services (DCS) violated…
Date: August 14, 2020
Citation: 306 Neb. 749
Docket Number: S-18-250
Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the judgment of the district court granting summary judgment in favor of a convenience store in this personal injury action, holding that the…
Date: August 14, 2020
Citation: 306 Neb. 775
Docket Number: S-19-700
Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment against a real estate agency on its complaint against the seller and buyers of certain property for breach of an exclusive listing…
Date: August 14, 2020
Citation: 306 Neb. 820
Docket Number: S-19-807
Justia Opinion Summary: The Supreme Court affirmed the district court's dismissal of the Tax Equalization and Review Commission (TERC) in this action in which Plaintiff argued that TERC failed to adhere to the Supreme Court's mandate in a prior…
Date: August 14, 2020
Citation: 306 Neb. 834
Docket Number: S-19-883
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming the decision of the Tax Commissioner denying Plaintiff's petition for redetermination of a sales tax deficiency assessment issued to Plaintiff by…
Date: August 14, 2020
Citation: 306 Neb. 849
Docket Number: S-20-368
Date: August 7, 2020
Citation: 306 Neb. 683
Docket Number: S-18-970
Justia Opinion Summary: The Supreme Court reversed the district court's order granting summary judgment for REO Enterprises, LLC and declaring that the Village of Dorchester's ordinance No. 684 unconstitutionally violated the Equal Protection…
Date: August 7, 2020
Citation: 306 Neb. 725
Docket Number: S-19-1109
Justia Opinion Summary: The Supreme Court affirmed the district court's denial of Appellant's postconviction motion for DNA testing under Nebraska's DNA Testing Act (Act), Neb. Rev. Stat. 29-4116 et seq., holding that Appellant did not meet his…
Date: August 7, 2020
Citation: 306 Neb. 740
Docket Number: S-19-1169
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of obstructing a police officer, holding that the evidence was sufficient to support the conviction. When law enforcement officers were returning property to Defendant…
Date: August 7, 2020
Citation: 306 Neb. 701
Docket Number: S-19-687
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for one count of attempted first degree sexual assault of a child and one count of child abuse, holding that the district court did not err by finding…
Date: August 7, 2020
Citation: 306 Neb. 710
Docket Number: S-19-849
Justia Opinion Summary: The Supreme Court vacated the judgment of the district court denying Michael Meister's motion to quash and vacate in a garnishment action that sought to collaterally attack a Wyoming judgment obtained by Gem City Bone…
Date: July 31, 2020
Citation: 306 Neb. 607
Docket Number: S-18-927
Justia Opinion Summary: The Supreme Court held that a federal regulation does not impose a duty on insurers to issue policies that satisfy a motor carrier's minimum level of financial responsibility because compliance with the financial…
Date: July 31, 2020
Citation: 306 Neb. 625
Docket Number: S-19-667
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court in favor of Defendant on Plaintiff's claims for defamation and retaliation, holding that the district court did not err in instructing the jury and in…
Date: July 31, 2020
Citation: 306 Neb. 646
Docket Number: S-19-705
Justia Opinion Summary: In this county court probate case, the Supreme Court affirmed as modified the judgment of the probate court determining that a son must reimburse his mother's estate $190,550, holding that, except as to the son's statute…
Date: July 24, 2020
Citation: 306 Neb. 546
Docket Number: S-18-827
Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court determining that Landowners were entitled to receive an amount equal to the diminution in value of private…
Date: July 24, 2020
Citation: 306 Neb. 559
Docket Number: S-19-331
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court in favor of BNSF Railway Co. on Plaintiff's negligence action under the Federal Employers' Liability Act, 45 U.S.C. 51 et seq., holding that the exclusion of…
Date: July 24, 2020
Citation: 306 Neb. 574
Docket Number: S-19-482
Justia Opinion Summary: The Supreme Court modified the opinion of the court of appeals to direct the dismissal of Plaintiff's amended petition to a limited extent, holding that there was no basis for directing Plaintiff's entire petition to be…
Date: July 24, 2020
Citation: 306 Neb. 579
Docket Number: S-19-875
Justia Opinion Summary: The Supreme Court vacated the order of the county court requiring Webster County to pay fees and expenses to a court-appointed successor personal representative, holding that the court lacked the authority to order the…
Date: July 24, 2020
Citation: 306 Neb. 591
Docket Number: S-19-911
Justia Opinion Summary: The Supreme Court affirmed Defendant's plea-based convictions of conspiracy to distribute or deliver a controlled substance (hydrocodone), conspiracy to distribute or deliver a controlled substance (tramadol), and child…
Date: July 17, 2020
Citation: 306 Neb. 484
Docket Number: S-19-541
Justia Opinion Summary: The Supreme Court vacated in part and affirmed in part the judgment of the district court valuing of the shares of a closely held corporation, holding that the district court erred in entering judgment against both the…
Date: July 17, 2020
Citation: 306 Neb. 498
Docket Numbers: S-19-623, S-19-624
Date: July 17, 2020
Citation: 306 Neb. 499
Docket Number: S-19-697
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for possession of a controlled substance, holding that the district court did not err when it overruled Defendant's motion to suppress. In his motion to…
Date: July 17, 2020
Citation: 306 Neb. 516
Docket Number: S-19-758
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for first-degree sexual assault, holding that the trial court did not err in admitting the English translation of Defendant's Spanish out-of-court statements…
Date: July 17, 2020
Citation: 306 Neb. 542
Docket Number: S-20-213
Date: July 10, 2020
Citation: 306 Neb. 380
Docket Number: S-19-307
Justia Opinion Summary: The Supreme Court affirmed the restitution component of Defendant's sentence, holding that the county court did not abuse its discretion in ordering restitution, but remanded the matter with directions to modify the…
Date: July 10, 2020
Citation: 306 Neb. 397
Docket Numbers: S-19-513, S-19-514
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court awarding joint legal and physical custody of J.F. to Sara P., Tyler F., and Geoffrey V., holding that the district court…
Date: July 10, 2020
Citation: 306 Neb. 418
Docket Number: S-19-585
Justia Opinion Summary: The Supreme Court affirmed the order of the district court affirming the revocation of Appellant's motor vehicle operator's license for refusing to submit to a chemical test of his breath, holding that the district…
Date: July 10, 2020
Citation: 306 Neb. 429
Docket Number: S-19-629
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court sentencing Defendant to first degree felony murder and use of a firearm to commit a felony, holding that there was no merit to Defendant's claims on…
Date: July 10, 2020
Citation: 306 Neb. 461
Docket Number: S-19-850
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Defendant postconviction relief, holding that there was no merit to Defendant's ineffective assistance of counsel claims. Defendant was convicted of…
Date: July 10, 2020
Citation: 306 Neb. 475
Docket Number: S-19-928
Justia Opinion Summary: The Supreme Court affirmed the district court's order overruling Defendant's motion for absolute discharge in which he contended that the State failed to bring him to trial within the time required by Neb. Rev. Stat.…
Date: July 2, 2020
Citation: 306 Neb. 252
Docket Number: S-18-207
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the court of appeals affirming the Nebraska Worker's Compensation Court's awards for injuries suffered by Halina Picard in two separate accidents,…
Date: July 2, 2020
Citation: 306 Neb. 314
Docket Number: S-18-901
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences for second degree murder and use of a weapon to commit a felony, holding that there was no abuse in the trial proceedings. Specifically, the Court held…
Date: July 2, 2020
Citation: 306 Neb. 350
Docket Number: S-19-418
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dissolving the marriage of Tammy Doerr and Brian Doerr, holding that the district court did not err in its division of the marital estate. On appeal, Brian…
Date: July 2, 2020
Citation: 306 Neb. 359
Docket Number: S-19-843
Justia Opinion Summary: The Supreme Court affirmed the decision of the juvenile court terminating the parental rights of Samantha H. to her minor child, Noah C., holding that the juvenile court did not err when it denied Samantha's motion to…
Date: July 2, 2020
Citation: 306 Neb. 372
Docket Number: S-19-937
Justia Opinion Summary: The Supreme Court vacated the order of the juvenile court granting the State's complaint seeking to disestablish the paternity of Aaron S. to a child born during his marriage to the child's mother and to establish…
Date: June 26, 2020
Citation: 306 Neb. 216
Docket Number: S-19-637
Justia Opinion Summary: In this contract and tort action brought by the buyers of a business pursuant to a written purchase agreement the Supreme Court affirmed the judgment of the trial court granting summary judgment for the sellers and…
Date: June 26, 2020
Citation: 306 Neb. 250
Docket Number: S-19-732
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Appellant's request for attorney fees authorized but not mandated by statute, holding that the district court did not abuse its discretion in awarding…
Date: June 26, 2020
Citation: 306 Neb. 261
Docket Number: S-19-894
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of negligent child abuse resulting in serious bodily injury and sentence of a term of incarceration not less than two years nor more than three years, holding that the…
Date: June 26, 2020
Citation: 306 Neb. 277
Docket Number: S-19-967
Justia Opinion Summary: The Supreme Court affirmed the judgment of the Workers' Compensation Court (WCC) dismissing Plaintiff's workers' compensation claim against Ismael Huerta and LFA Inc. because Plaintiff failed to prove he was an employee…
Date: June 26, 2020
Citation: 306 Neb. 289
Docket Number: S-20-422
Date: June 19, 2020
Citation: 306 Neb. 147
Docket Number: S-18-794
Justia Opinion Summary: The Supreme Court reversed the order of the court of appeals dismissing Appellant's lawsuit brought pursuant to the Nebraska State Tort Claims Act (STCA) based on a finding that Appellant failed to comply with the preset…
Date: June 19, 2020
Citation: 306 Neb. 169
Docket Number: S-19-535
Justia Opinion Summary: The Supreme Court dismissed this appeal of the district court's order dismissing Candyland, LLC's petition for review of the decision of the Nebraska Liquor Control Commission denying Candyland's application for a retail…
Date: June 19, 2020
Citation: 306 Neb. 179
Docket Number: S-19-619
Justia Opinion Summary: In this quiet title action, The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Joy Arnold and quieting title in favor of the Estate of Beverly Freiden, holding that…
Date: June 19, 2020
Citation: 306 Neb. 192
Docket Number: S-19-620
Justia Opinion Summary: In this tort action, the Supreme Court affirmed the judgment of the district court granting summary judgment for Lincoln Public Schools (LPS), holding that LPS was immune from suit under the discretionary function…
Date: June 19, 2020
Citation: 306 Neb. 203
Docket Number: S-19-622
Justia Opinion Summary: In this negligence action, the Supreme Court reversed the district court's judgment for NIFCO Mechanical Systems, Inc., holding that the comparative negligence instructions constituted plain error. After a pipe in the…
Date: June 12, 2020
Citation: 306 Neb. 108
Docket Number: S-18-1128
Justia Opinion Summary: In this breach of contract action, the Supreme Court affirmed the judgment of the district court in favor of Greater Omaha Packing Co., Inc., holding that Allen Acklie's action was based on an unenforceable contract. In…
Date: June 12, 2020
Citation: 306 Neb. 91
Docket Number: S-18-928
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for possession of a deadly weapon by a prohibited person, holding that there was no error in the proceedings below. On appeal, Defendant challenged the State's use of…
Date: June 12, 2020
Citation: 306 Neb. 124
Docket Number: S-19-114
Date: June 12, 2020
Citation: 306 Neb. 127
Docket Number: S-19-645
Justia Opinion Summary: The Supreme Court affirmed the order of the juvenile court adjudicating Abigail G.'s son, Vladimir G., to be a child within the meaning of Neb. Rev. Stat. 43-247(3)(a), holding that although Abigail could invoke her…
Date: June 5, 2020
Citation: 306 Neb. 1
Docket Numbers: S-18-1146, S-18-1147, S-18-1148
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming the decision of a state agency ruling several noncitizen applicants ineligible for all public benefits of the Bridge to Independence program (B2I),…
Date: June 5, 2020
Citation: 306 Neb. 20
Docket Number: S-18-1149
Justia Opinion Summary: The Supreme Court affirmed the district court's judgment affirming a state agency's denial of Medicaid eligibility after J.S., a noncitizen who was admitted into the bridge to independence program (B2I), reached age…
Date: June 5, 2020
Citation: 306 Neb. 81
Docket Number: S-19-1083
Justia Opinion Summary: The Supreme Court dismissed the State's appeal challenging the order of the district court granting Defendant the right to proceed with his criminal appeal in forma pauperis, holding that the order was not a judgment nor…
Date: June 5, 2020
Citation: 306 Neb. 38
Docket Number: S-19-192
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences for aiding and abetting robbery and for aiding and abetting first degree assault, holding that Defendant's assignments of error were either without merit…
Date: June 5, 2020
Citation: 306 Neb. 63
Docket Number: S-19-892
Justia Opinion Summary: The Supreme Court affirmed as modified the judgment of the district court determining that it was in Child's best interests to continue living with Mother and in declining to change custody of Child to Father, holding…
Date: May 29, 2020
Citation: 305 Neb. 912
Docket Number: S-18-1151
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for two counts of first degree murder, two counts of use of a deadly weapon to commit a felony, and one count of possession of a deadly weapon by a prohibited person,…
Date: May 29, 2020
Citation: 305 Neb. 978
Docket Number: S-19-1038
Justia Opinion Summary: The Supreme Court affirmed Defendant's plea-based conviction for third degree domestic assault, attempted tampering with a witness or informant, and violating a protection order, holding that Defendant did not receive…
Date: May 29, 2020
Citation: 305 Neb. 932
Docket Number: S-19-425
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Appellant's motion for postconviction relief without an evidentiary hearing, holding that the trial court erred in determining that one of Appellant's…
Date: May 29, 2020
Citation: 305 Neb. 949
Docket Number: S-19-486
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for second degree murder, use of a deadly weapon to commit a felony, and other crimes, holding that the district court did not err in denying Defendant's motion to…
Date: May 22, 2020
Citation: 305 Neb. 843
Docket Number: S-18-352
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for driving under the influence of alcohol (DUI), fourth offense, holding that there was no plain error in how either the trial court of the court of appeals addressed…
Date: May 22, 2020
Citation: 305 Neb. 860
Docket Number: S-18-915
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court granting partial summary judgment in favor of Plaintiffs, Doug Bierman and Jim Hoppenstedt, on the issue of the enforceability of a buy-sell agreement,…
Date: May 22, 2020
Citation: 305 Neb. 868
Docket Number: S-19-082
Justia Opinion Summary: In this workers' compensation case, the Supreme Court reversed the judgment of the court of appeals denying Employee's motion for attorney fees for his counsel's appellate work, holding that the affidavit submitted by…
Date: May 22, 2020
Citation: 305 Neb. 879
Docket Numbers: S-19-328, S-19-329
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that Defendants breached two operating agreements, ordering an accounting for each, declining to dissolve either, and awarding Plaintiff damages,…
Date: May 22, 2020
Citation: 305 Neb. 894
Docket Number: S-19-428
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing this legal malpractice action as time barred, holding that the court did not err in ruling that the continuing representation exception to the…
Date: May 15, 2020
Citation: 305 Neb. 809
Docket Number: S-18-1186
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions of first degree murder and other crimes, holding that the district court did not err in denying Defendant's motions to suppress. Before trial, Defendant moved to…
Date: May 15, 2020
Citation: 305 Neb. 780
Docket Numbers: S-18-604, S-18-605, S-18-606, S-19-027, S-19-028, S-19-029
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court determining that records related to the Nebraska Department of Correctional Services's (DCS) efforts to acquire lethal injection drugs were subject to…
Date: May 15, 2020
Citation: 305 Neb. 835
Docket Number: S-19-930
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence following his plea of no contest to attempted first degree sexual assault, holding that Defendant's sentence was not excessive and that this Court will not…
Date: May 8, 2020
Citation: 305 Neb. 726
Docket Number: S-19-275
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for possessing methamphetamine and marijuana, holding that Defendant was not entitled to relief on her allegations of error. On appeal, Defendant argued (1) the…
Date: May 8, 2020
Citation: 305 Neb. 747
Docket Number: S-19-393
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court dismissing Plaintiff's medical malpractice action on statute of limitations grounds, holding that because the face of the complaint showed that the action was…
Date: May 8, 2020
Citation: 305 Neb. 762
Docket Number: S-19-594
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for the misdemeanor offense of obstructing a peace officer, holding that the evidence was sufficient to support the conviction. Specifically, the Supreme…
Date: May 1, 2020
Citation: 305 Neb. 680
Docket Number: S-19-015
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of driving under the influence, holding that Defendant consented to a chemical test of his urine and, therefore, the results of the urine test were admissible. A law…
Date: May 1, 2020
Citation: 305 Neb. 693
Docket Number: S-19-320
Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing Plaintiff's complaint against Defendant, a law firm, holding that the district court correctly determined it lacked jurisdiction over the…
Date: May 1, 2020
Citation: 305 Neb. 708
Docket Number: S-19-438
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court in this partition action, holding that partition in kind cannot be decreed using owelty - or a monetary payment to equalize values - without great prejudice…
Date: April 23, 2020
Citation: 305 Neb. 615
Docket Number: S-18-093
Justia Opinion Summary: The Supreme Court reversed in part the judgment of the court of appeals finding sufficient evidence to support modifying legal custody of the minor child in this case but not physical custody, holding that the court of…
Date: April 23, 2020
Citation: 305 Neb. 635
Docket Numbers: S-18-877, S-18-878
Justia Opinion Summary: The Supreme Court dismissed Appellant's appeals from orders of the Nebraska Public Service Commission (PSC) that granted applications requesting changes to existing boundaries so that the applicants could receive…
Date: April 23, 2020
Citation: 305 Neb. 648
Docket Number: S-19-271
Justia Opinion Summary: The Supreme Court reversed the portion of the district court's order granting in part a writ of mandamus requiring Doug Brown, the sheriff of Furnas County, to provide records to Herchel Huff pursuant to the public…
Date: April 23, 2020
Citation: 305 Neb. 669
Docket Number: S-19-547
Justia Opinion Summary: In this case where a judgment creditor sought to garnish the judgment debtor's bank account, which, at one time, contained funds both exempt and nonexempt from garnishment, the Supreme Court affirmed the judgment of the…
Date: April 23, 2020
Citation: 305 Neb. 677
Docket Number: S-20-073
Date: April 17, 2020
Citation: 305 Neb. 527
Docket Number: S-18-582
Justia Opinion Summary: The Supreme Court affirmed Defendant's sentence of death for first degree murder, holding that there was no error in the sentence imposed by the sentencing panel. Specifically, the Supreme Court held that the sentencing…
Date: April 17, 2020
Citation: 305 Neb. 566
Docket Number: S-19-355
Date: April 17, 2020
Citation: 305 Neb. 581
Docket Number: S-19-660
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming Defendant's conviction and sentence for driving under the influence, holding that there was no error in the challenged rulings by the trial…
Date: April 17, 2020
Citation: 305 Neb. 609
Docket Number: S-19-913
Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals dismissing Metro Area Transit's (Metro) appeal of the district court's denial of his motion for summary judgment based on sovereign immunity, holding that…
Date: April 10, 2020
Citation: 305 Neb. 457
Docket Number: S-19-147
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting summary judgment in favor of Appellee and quieting title on certain property after issuance of a tax deed, holding that Appellee complied with the…
Date: April 10, 2020
Citation: 305 Neb. 493
Docket Number: S-19-493 through S-19-508
Justia Opinion Summary: In these appeals for a series of condemnation proceedings initiated by TransCanada Keystone Pipeline, LP, the Supreme Court affirmed the judgment of the district court finding that the county court plainly erred by…
Date: April 10, 2020
Citation: 305 Neb. 513
Docket Numbers: S-19-623, S-19-624
Justia Opinion Summary: The Supreme Court affirmed in part as modified and vacated in part the order of the district court imposing consecutive five-month terms of imprisonment following Defendant's revocation from post-release supervision in…
Date: April 3, 2020
Citation: 305 Neb. 428
Docket Number: S-18-785
Justia Opinion Summary: The Supreme Court affirmed the order of the court of appeals affirming the order of the county court appointing Suzette G.'s brother, Alvin G., as her limited guardian, holding that the court of appeals did not err when…
Date: April 3, 2020
Citation: 305 Neb. 441
Docket Number: S-19-475
Justia Opinion Summary: In Defendant's appeal from his conviction and sentence the Supreme Court remanded the cause with direction for a new enhancement and sentencing hearing, holding that the district court erred when it enhanced Defendant's…
Date: April 3, 2020
Citation: 305 Neb. 451
Docket Number: S-19-652
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion for postconviction relief without an evidentiary hearing, holding that Defendant's postconviction claims were time barred. In his…
Date: March 27, 2020
Citation: 305 Neb. 363
Docket Number: S-18-557
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions of three counts of first degree murder, three counts of use of a deadly weapon to commit a felony, and one count of possession of a deadly weapon by a prohibited person,…
Date: March 27, 2020
Citation: 305 Neb. 376
Docket Number: S-19-056
Justia Opinion Summary: The Supreme Court vacated Defendant's sentence for witness tampering but otherwise affirmed Defendant's convictions and the sentence imposed for Defendant's sexual assault conviction, holding that Defendant's sentence…
Date: March 27, 2020
Citation: 305 Neb. 396
Docket Number: S-19-059
Date: March 27, 2020
Citation: 305 Neb. 409
Docket Number: S-19-227
Justia Opinion Summary: The Supreme Court dismissed Defendant's appeal of the denial of his plea in bar, holding that because Defendant's plea in bar did not present a colorable double jeopardy claim this Court lacked appellate…
Date: March 27, 2020
Citation: 305 Neb. 415
Docket Number: S-19-360
Justia Opinion Summary: The Supreme Court affirmed Defendant conviction of second degree assault and use of a deadly weapon to commit a felony and sentence of fifteen to twenty-five years' imprisonment, holding that the district court (1) did…
Date: March 20, 2020
Citation: 305 Neb. 289
Docket Number: S-18-402
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of multiple counts of sexual assault of a child and child abuse, holding that the district court did not err in admitting prior sexual…
Date: March 20, 2020
Citation: 305 Neb. 321
Docket Number: S-19-459
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court affirming a county board of adjustment's decision affirming the zoning administrator's grant of a zoning permit for construction of a new residence within an…
Date: March 20, 2020
Citation: 305 Neb. 334
Docket Number: S-19-604
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming Defendant's criminal misdemeanor convictions for violating Neb. Rev. Stat. 39-301 by repeatedly erecting an electric fence approximately three feet…
Date: March 20, 2020
Citation: 305 Neb. 351
Docket Number: S-19-605
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that Appellant's placing an electric fence within the county's right-of-way extending into a ditch violated Neb. Rev. Stat. 39-301 and granting an…
Date: March 13, 2020
Citation: 305 Neb. 230
Docket Number: S-18-1173
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Plaintiff's employer's insurance broker and insurer and dismissing Plaintiff's action claiming that the broker had a…
Date: March 13, 2020
Citation: 305 Neb. 249
Docket Number: S-19-180
Justia Opinion Summary: The Supreme Court affirmed in part and vacated in part Defendant's convictions and sentences for burglary, conspiracy to commit burglary, and theft involving a truck, a trailer, and several tools from a garage, holding…
Date: March 13, 2020
Citation: 305 Neb. 279
Docket Number: S-19-382
Justia Opinion Summary: The Supreme Court affirmed the judgment of the juvenile court terminating Father's parental rights to his minor child, holding that the juvenile court did not deny Father procedural due process and did not err when it…
Date: March 6, 2020
Citation: 305 Neb. 176
Docket Number: S-18-110
Justia Opinion Summary: The Supreme Court reversed the decision of the district court declining to make specific findings of fact for purposes of special immigrant juvenile (SIJ) status under federal law after rendering judgment dissolving the…
Date: March 6, 2020
Citation: 305 Neb. 185
Docket Numbers: S-19-310, S-19-311
Justia Opinion Summary: The Supreme Court affirmed as modified the district court's confirmation of an arbitration award of almost $3 million under the Federal Arbitration Act (FAA) and awarding attorney fees as a sanction under Neb. Rev. Stat.…
Date: March 6, 2020
Citation: 305 Neb. 222
Docket Number: S-19-369
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for violating a domestic abuse protection order, holding that there was sufficient evidence that Defendant was personally served with the protection order. On appeal,…
Date: February 28, 2020
Citation: 305 Neb. 111
Docket Number: S-19-073
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court dismissing with prejudice Plaintiff's action against the State alleging negligence under the State Tort Claims Act (STCA), Neb. Rev. Stat. 81-8,209 to…
Date: February 28, 2020
Citation: 305 Neb. 124
Docket Number: S-19-114
Justia Opinion Summary: The Supreme Court reversed the order of the district court overruling BNSF Railway Company's motion to dismiss for lack of jurisdiction this negligence action brought under the Federal Employers' Liability Act (FELA), 45…
Date: February 28, 2020
Citation: 305 Neb. 139
Docket Number: S-19-313
Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions and sentences, holding that Defendant's assignment of error related to excessive sentences of incarceration was moot and that the district court did not err in…
Date: February 28, 2020
Citation: 305 Neb. 154
Docket Numbers: S-19-583, S-19-678
Justia Opinion Summary: The Supreme Court dismissed these consolidated appeals in which Appellants argued that the county court erred by concluding it lacked jurisdiction to decide motions to transfer their felony criminal cases to juvenile…
Date: February 28, 2020
Citation: 305 Neb. 165
Docket Number: S-19-743
Justia Opinion Summary: The Supreme Court dismissed the State's appeal from a district court order finding Defendant indigent and entitled to court-appointed appellate counsel at the expense of Washington County, holding that the court's order…
Date: February 21, 2020
Citation: 305 Neb. 66
Docket Number: S-19-014
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for third-offense driving under the influence, holding that the district court did not err in denying Defendant's motion to suppress or in denying Defendant's motion for…
Date: February 21, 2020
Citation: 305 Neb. 79
Docket Number: S-19-204
Date: February 21, 2020
Citation: 305 Neb. 96
Docket Number: S-19-270
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court affirming the judgment of the county court convicting Defendant of solicitation of prostitution, holding that there was no merit to Defendant's claim that he…
Date: February 21, 2020
Citation: 305 Neb. 108
Docket Number: S-20-057
Date: February 14, 2020
Citation: 305 Neb. 1
Docket Number: S-18-1192
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying Midwest Renewable Energy, LLC's motion to quash execution of a judgment, holding that there was no merit in Midwest Renewable's appeal. In 2010, a…
Date: February 14, 2020
Citation: 305 Neb. 23
Docket Number: S-19-039
Justia Opinion Summary: In this case concerning the interpretation of a contingency fee for legal services between the City of Falls City, Nebraska and two law firms, the Supreme Court affirmed the judgment of the district court concluding that…
Date: February 14, 2020
Citation: 305 Neb. 36
Docket Number: S-19-189
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting the State's motion to dismiss Appellant's motion for DNA testing under the DNA Testing Act, Neb. Rev. Stat. 29-4116 to 29-4125, holding that the…
Date: February 14, 2020
Citation: 305 Neb. 52
Docket Number: S-19-268
Justia Opinion Summary: The Supreme Court held that the district court erred in sustaining Defendant's motion to quash an information for revocation of probation, holding that a probation violation allegation asserting a law violation from a…
Date: February 7, 2020
Citation: 304 Neb. 979
Docket Number: S-17-1193
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals affirming the district court's motion for postconviction relief without a hearing, holding that because Appellant did not even attempt to demonstrate that…
Date: February 7, 2020
Citation: 304 Neb. 995
Docket Number: S-18-1141
Justia Opinion Summary: The Supreme Court reversed the order of the county court establishing a guardianship for an Indian child, holding that the guardianship proceeding was governed by the federal Indian Child Welfare Act (ICWA) and the…
Date: February 7, 2020
Citation: 304 Neb. 1015
Docket Number: S-19-265
Justia Opinion Summary: In this insurance dispute, the Supreme Court reversed the decision of the district court granting summary judgment to Shelter Mutual Insurance Company on its declaratory judgment action, holding that Neb. Rev. Stat.…
Date: January 31, 2020
Citation: 304 Neb. 890
Docket Number: S-18-1067
Justia Opinion Summary: In this dispute between an out-of-state landlord and her tenant as to the duration of the parties' farm lease agreement the Supreme Court held that the district court did not err in finding for the tenant and awarding…
Date: January 31, 2020
Citation: 304 Neb. 926
Docket Number: S-18-1118
Justia Opinion Summary: In this declaratory judgment action, the Supreme Court reversed the district court's decision entering summary judgment in favor of Gage County's insurer, Employers Mutual Casualty Company (EMC), and dismissing Gage…
Date: January 31, 2020
Citation: 304 Neb. 945
Docket Number: S-19-047
Justia Opinion Summary: The Supreme Court modified a decree dissolving Timothy White's marriage to Ann White, holding that Tim established that part of an investment account was nonmarital, and therefore, that account was not properly…
Date: January 31, 2020
Citation: 304 Neb. 968
Docket Number: S-19-225
Justia Opinion Summary: In this will contest, the Supreme Court reversed the district court's decision granting summary judgment determining that the decedent's will was valid, holding that where the bill of exceptions did not contain the…
Date: January 24, 2020
Citation: 304 Neb. 868
Docket Number: S-18-1028
Justia Opinion Summary: The Supreme Court affirmed the order of the separate juvenile court adjudicating Appellant for the act of attempted theft by unlawful taking, $5,000 or more, holding that Appellant was not entitled to reversal of her…
Date: January 24, 2020
Citation: 304 Neb. 883
Docket Number: S-19-230
Justia Opinion Summary: The Supreme Court dismissed this appeal from an order disapproving the parties' application for an order approving a lump-sum settlement on the grounds that the application was not in compliance with the Nebraska…
Date: January 17, 2020
Citation: 304 Neb. 829
Docket Number: S-18-1197
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction and sentence for assault by a confined person, holding that the district court did not err in its challenged evidentiary rulings and that there was sufficient evidence to…
Date: January 17, 2020
Citation: 304 Neb. 848
Docket Numbers: S-18-1201, S-18-1203
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court concluding that Defendants owed damages to their general contractor and two of its subcontractors (collectively, Plaintiffs) for the construction of a…
Date: January 17, 2020
Citation: 304 Neb. 804
Docket Number: S-18-800
Justia Opinion Summary: The Supreme Court affirmed the decision of the Nebraska Workers' Compensation Court dismissing Plaintiff's petition alleging that she had sustained a severe and permanent brain injury as a result of an accident with a…
Date: January 17, 2020
Citation: 304 Neb. 860
Docket Number: S-19-018
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting summary judgment in favor of Employer and dismissing two former employees' complaint seeking paid time off (PTO) compensation under the Nebraska Wage…
Date: January 10, 2020
Citation: 304 Neb. 779
Docket Number: S-18-793
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing as time barred this action brought under the State Tort Claims Act (STCA), Neb. Rev. Stat. 81-8,209 to 81-8,235, holding that the savings clause of…
Date: January 10, 2020
Citation: 304 Neb. 789
Docket Number: S-19-345
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion for testing under Nebraska's DNA Testing Act and his motion for the appointment of counsel, holding that the district court did not…
Date: January 3, 2020
Citation: 304 Neb. 720
Docket Number: S-18-1214
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court determining that a tax deed obtained by Adair Holdings, LLC was void for incorrect notice and granting the counterclaim for quiet title filed by Dennis G.…
Date: January 3, 2020
Citation: 304 Neb. 734
Docket Number: S-19-215
Justia Opinion Summary: The Supreme Court reversed the decision of the juvenile court declining to adjudicate a newborn that reportedly tested positive for methamphetamine on the grounds that the State failed to prove that he was at risk of…
Date: January 3, 2020
Citation: 304 Neb. 753
Docket Number: S-19-276
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Appellant's third motion for post conviction relief without an evidentiary hearing, holding that there was no merit to Appellant's claims on…
Date: January 3, 2020
Citation: 304 Neb. 759
Docket Number: S-19-304
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Appellant's third motion for postconviction relief without an evidentiary hearing, holding that there was no merit to Appellant's claims on…
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