Justia Nebraska Supreme Court Opinion Summaries

Michael Ross was convicted by a jury of discharge of a firearm at a person, building, or occupied motor vehicle while in the proximity of a motor vehicle he had just exited, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a felon. On direct appeal, the court of appeals determined the evidence was insufficient to support Ross' convictions. The Supreme Court reversed, holding that the court of appeals erred in reversing the convictions, as the evidence, when considered under the deferential standard of appellate review, was sufficient to support the three felony convictions challenged in this appeal. View "State v. Ross" on Justia Law

The State appealed from a district court order sentencing William Parminter to twelve to eighteen months in prison for aggravated driving under the influence (DUI), third offense, and twelve to fourteen months in prison for DUI, fourth offense. The court ordered that Parminter serve the sentences concurrently. The State appealed, arguing that the sentences were excessively lenient. The Supreme Court reversed, holding that the district court abused its discretion in imposing the sentences on Parminter because the sentences failed to adequately protect the public from Parminter and thus were excessively lenient. Remanded with directions to resentence Parminter to consecutive terms of five to five years and to revoke Parminter's license according to the applicable statutes. View "State v. Parminter" on Justia Law

Appellant William Sellers injured his left knee in the course of his employment with Reefer Systems and sought workers' compensation benefits. The Nebraska workers' compensation court determined that Sellers was entitled to future medical care for the knee injury. A review panel of that court affirmed the award but modified it to exclude knee replacement surgery at present, as the evidence as of the date of trial did not support such a finding. The Supreme Court affirmed, holding that the modification did not limit Sellers' ability to claim workers' compensation benefits relating to any future knee replacement surgery, and thus, the compensation court review panel did not err in affirming the award as modified. View "Sellers v. Reefer Sys., Inc." on Justia Law

Brandon Reinhart was convicted of using a minor to distribute a controlled substance and conspiracy to use a minor to distribute a controlled substance, specifically marijuana. Reinhart was sentenced to three to five years' imprisonment on each conviction with the sentences to run concurrently. The Supreme Court affirmed, holding (1) there was sufficient evidence to support Reinhart's convictions on both counts; (2) the trial court erred in admitting hearsay testimony, but the admission of the hearsay statement was harmless error; and (3) trial counsel was not ineffective for failing to make certain hearsay objections because the challenged statements were either admissible or their admission was, at most, harmless error. View "State v. Reinhart" on Justia Law

After a jury trial Patrick Bauldwin was convicted of second degree murder and sentenced to life imprisonment. Bauldwin appealed. The primary issue on appeal was whether the police violated Bauldwin's Miranda rights. The Supreme Court affirmed Bauldwin's conviction and sentence, holding (1) a Miranda violation occurred because Bauldwin clearly invoked his right to remain silent during his interrogation, and the police did not scrupulously honor that right; (2) based on the record, the trial court's admission of the statement was harmless because, when viewed relative to the properly admitted, overwhelming evidence of Bauldwin's guilt, there was no reasonable probability that the jury's verdict was attributable to he court's erroneous admission of Bauldwin's statement; and (3) Bauldwin's other assigned errors were without merit. View "State v. Baudlin" on Justia Law

On April 30, 2010, Midwest Renewable Energy and Marquette Equipment Finance (Marquette) filed a Nebraska personal property return that reported a value of zero dollars for three items involving ethanol manufacturing equipment. The tax assessor determined that the taxable value of the property should have been $4,170,149 and changed the value on the return. Marquette appealed the action of the assessor. On July 19, 2010, the county board of equalization upheld the assessor's action. Republic Bank, which had rights in the property, did not receive a copy of the Board's decision from Marquette until August 20, 2010. Republic subsequently appealed. The Nebraska Tax Equalization and Review Commission (TERC) received the appeal on August 23, 2010. TERC dismissed the appeal as untimely under Neb. Rev. Stat. 77-12.33.06(4) because it was filed more than thirty days after the decision of the county board of equalization. The Supreme Court affirmed, holding that TERC correctly concluded that it lacked subject matter jurisdiction to consider the appeal, as it was not timely filed under section 77-1233.06(4). View "Republic Bank v. Bd. of Equalization" on Justia Law

Midwest Renewable Energy and Marquette Equipment Finance (Marquette) executed a master lease agreement for certain manufacturing equipment, including two distillation columns. Later, Marquette assigned its interest in the lease to Prime Alliance Bank and agreed to file personal property tax returns on the equipment as an agent for Prime Alliance. On April 30, 2010, Marquette filed a personal property return with the county assessor that showed the taxable value of the two distillation columns as $0. The assessor changed the value of the columns to $776,832. Prime Alliance challenged the assessor's change, and, on July 19, 2010, the county Board of Equalization upheld the change. On August 23, 2010, Prime Alliance filed an appeal from the order to the Nebraska Tax Equalization and Review Commission (TERC). TERC dismissed the appeal as untimely. The Supreme Court affirmed, holding that TERC did not err in dismissing the appeal for lack of subject matter jurisdiction, as the appeal was not timely filed under Neb. Rev. Stat. 77-1233.06(4). View "Prime Alliance Bank v. Bd. of Equalization" on Justia Law

The county district court entered a decree of dissolution of the marriage of Kevin and Valara Mamot. The court determined that the premarital agreement entered into by the parties, although unconscionable, was valid and enforceable. The court then divided the assets and entered an order regarding child support. The Supreme Court reversed the judgment of the district court finding that the premarital agreement was enforceable, holding that because Valara did not sign the agreement voluntarily, the agreement was unenforceable under the Uniform Premarital Agreement Act adopted by Nebraska, and therefore, the Court did not need to further address whether the agreement was unconscionable. View "Mamot v. Mamot" on Justia Law

Junior river water appropriators Jack Bond and Joe McClaren Ranch filed a request for a hearing before the Nebraska Department of Natural Resources (Department), challenging the validity of the Department's administration of water in response to a call for administration placed by the Nebraska Public Power District (NPPD). The Department joined the matter as a party litigant against the junior appropriators. Following a hearing, the director of the Department determined that the water administration was proper and denied the junior appropriators' challenge to the sufficiency of the closing notices issued to upstream junior appropriators. The junior appropriators appealed. At issue on appeal was whether the issues of nonuse and abandonment alleged by the junior appropriators were properly before the Department. The Supreme Court reversed the order, holding that the Department erred in refusing to determine the junior appropriators' challenge to the validity of NPPD's appropriations. Remanded with directions to determine whether NPPD's appropriations had been abandoned or statutorily forfeited in whole or in part. View "Bond v. Neb. Pub. Power Dist." on Justia Law