Justia Nebraska Supreme Court Opinion Summaries

Articles Posted in September, 2013
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Plaintiffs, relatives of Decedent, sought Attorney's services in the administration of Decedent's estate. Plaintiffs later brought this professional negligence case against Attorney and his firm (Defendants), claiming that Attorney failed properly to disclose a conflict of interest to Plaintiffs, Attorney erroneously advised Plaintiffs to execute disclaimers that should be regarded as invalid and ineffective, and Attorney caused the estate to incur additional taxes by failing to include the purportedly disclaimed property in the qualified terminable interest property election on the estate tax return. The district court (1) entered judgment in favor of Defendants on the conflict of interest claim, and (2) dismissed as time barred Plaintiffs' claims regarding the disclaimed property and associated tax return elections. The Supreme Court (1) affirmed the judgment regarding the conflict of interest; but (2) reversed the judgments on Plaintiffs' remaining claims, holding that the district court erred when it concluded that the statute of limitations barred the claims. Remanded. View "Guinn v. Murray" on Justia Law

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After a jury trial, Defendant was convicted of first degree murder and use of a firearm to commit a felony. Defendant appealed, arguing (1) the trial court erroneously gave a step jury instruction relating to the charge of first degree murder, and the court erred in refusing to give a "negative element of 'sudden quarrel'" instruction; and (2) his defense counsel provided ineffective assistance. The Supreme Court affirmed, holding (1) the district court did not err in using a step instruction, the elements of first degree murder exclude any reference to "sudden quarrel," and the jury's presumed adherence to the step instruction precluded any prejudice regarding the rest of the instruction; and (2) the record was insufficient to address two of Defendant's claims of ineffective assistance of counsel, and Defendant's remaining claims of ineffective assistance lacked merit. View "State v. Morgan" on Justia Law

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Appellant was charged with first degree sexual assault stemming from his conduct toward his stepdaughter, M.H. During trial, M.H.'s therapist testified, over Appellant's objection, that Appellant's sexual abuse of M.H. caused M.H.'s posttraumatic stress disorder. The court subsequently granted Appellant's motion for a mistrial on the grounds that the therapist's testimony was "over the edge." Appellant then filed a plea in bar, arguing that the State's questioning of the therapist was intended to provoke a mistrial so that the State could have a second change at a more favorable prosecution and thus circumvent the protections of the double jeopardy clause. The trial court denied the plea in bar. The Supreme Court affirmed, holding that because the prosecutor did not intend to goad Appellant into moving for a mistrial, Appellant's plea in bar was properly denied. View "State v. Muhannad" on Justia Law

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Disciplinary charges against Keith, who was admitted to the Nebraska bar in 2003, alleged that he had failed to pay his bar dues for 2012. While the issue was pending, a client claimed that Keith neglect his representation in forming a business. The charges included Neb. Ct. R. of Prof. Cond. 3-501.3 (diligence), 3-508.1(b) (bar admission and disciplinary matters), and 3-508.4(a), (c), and (d) (misconduct). The Nebraska Supreme Court continued Keith’s suspension from the practice of law until January 1, 2014. Any application for reinstatement must demonstrate that he has paid all delinquent dues to the Nebraska State Bar Association; has completed at least 10 hours of continuing legal education, including 2 hours of ethics or professional responsibility instruction, within 12 months immediately preceding the date of application; has reimbursed his client all funds previously paid as fees; and has paid all costs assessed against him. View "Counsel for Discipline v. Keith" on Justia Law

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Michael and April are the biological parents of Avalyn, born out of wedlock in 2002. A court ordered Michael to pay child support but did not order visitation. In 2005, the state took temporary emergency custody of Avalyn after April attempted suicide. The county sought an adjudication under Neb. Rev. Stat. 43-247(3)(a), but did not give Michael notice. Avalyn was placed in foster care with her maternal grandmother in April’s home. Michael claims that because he was paying support through the state, caseworkers knew or should have known how to contact him. About six months after the disposition he received notice and intervened. The court placed Avalyn with Michael until November 2007, when the parties stipulated that Avalyn should be placed with April but divide her time between her parents. In a suit under 42 U.S.C. 1983, Michael alleged that in failing to notify him of the juvenile proceedings, the defendants interfered with constitutional rights to familial integrity, substantive due process, and equal protection and that the Nebraska statutes were unconstitutional. The Nebraska Supreme Court held that claims against state defendants for monetary damages were barred by sovereign immunity; qualified immunity shielded employees from liability in their individual capacities because they did not violate a clearly established right. Claims for declaratory and injunctive relief were not barred. In a juvenile proceeding alleging abuse, neglect, or dependency, due process requires notice and an opportunity to be heard for a child’s known adjudicated or biological father who is providing substantial and regular financial support; the statutes at issue are not facially unconstitutional, but cannot be constitutionally applied to avoid notification. View "Michael E. v. State" on Justia Law

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In 2006, Defendant was found guilty by a jury of first degree murder, and in 2007, Defendant pled guilty to a separate charge of first degree murder. Defendant was sentenced to consecutive life sentences for the murders. Defendant subsequently filed motions for postconviction relief in both cases, alleging ineffective assistance of counsel and prosecutorial misconduct. The district court denied Defendant's motions without an evidentiary hearing. The Supreme Court affirmed, holding that the district court did not err in denying Defendant's motion for postconviction relief in each case without an evidentiary hearing, as Defendant's motions in the two cases did not allege facts constituting a denial of his constitutional rights, and the record refuted his claims as to his other allegations. View "State v. Baker" on Justia Law