Justia Nebraska Supreme Court Opinion Summaries

Defendant was convicted of the felony offense of driving with a revoked license in violation of Neb. Rev. Stat. 60-6,197.06(1). The court sentenced Defendant to ninety days' jail time and a fifteen-year license revocation. Defendant appealed, arguing (1) in State v. Hernandez, the Supreme Court held that section 60-6,197.06(1) was ambiguous and that ignition interlock device violations fall under a different misdemeanor statute; (2) his Department of Motor Vehicles record and documents, and the statements certifying their authenticity, were inadmissible hearsay that violated his right to confrontation; and (3) his sentence was excessive. The Supreme Court affirmed, holding that the district court did not err in (1) failing to apply the reasoning of Hernandez, as Defendant's conduct was distinguishable from the conduct of the defendant in Hernandez; (2) admitting the disputed documents, as any error on this issue was undoubtedly harmless; and (3) imposing the sentence of ninety days' jail time. View "State v. Leibel" on Justia Law

Based on genetic testing, Michael was found to be Child's father. The district court awarded sole custody to Jessica and ordered Michael to pay monthly child support. Michael subsequently requested that the court modify his child support, claiming that he had entered school full time and had no income. The court concluded that there had been a material change in circumstances but that Child still required support. The court then calculated a lower child support based on Michael's earning capacity. Jessica later sought to modify Michael's child support obligation. After a trial, the court increased Father's child support based on his new earning capacity. Both parties appealed. The Supreme Court affirmed, holding that the district court did not err in (1) finding a material change in circumstances; (2) calculating Michael's child support obligation; (3) refusing to make the modification retroactive; and (4) declining to order Michael to contribute toward childcare expenses. View "Freeman v. Groskopf" on Justia Law

Plaintiffs, several taxpayers who managed or owned land in the vicinity of a landfill, challenged the validity of an agreement for hosting of the landfill. The district court dismissed Plaintiffs' complaint for failure to state a claim upon which relief could be granted. The court further found that the complaint was frivolous and filed in bad faith and ordered Plaintiffs to pay the landfill parties' and counties' attorney fees and costs. The Supreme Court (1) reversed the portion of the district court's judgment imposing attorney fees because the court failed to resolve doubt over the merits of the complaint in Plaintiffs' favor; and (2) affirmed the dismissal of the complaint because the reason for dismissal was relevant only to the fee issue. View "White v. Kohout" on Justia Law

After a jury trial, Defendant was convicted of first degree murder and sentenced to life imprisonment. Defendant appealed, arguing that the district court erred in (1) denying Defendant's motion to continue trial based upon a witness's plea agreement to testify because her deal was struck upon the eve of trial; and (2) admitting into evidence a receipt showing that Defendant pawned the victim's jacket two days before the victim's murder because the evidence was inadmissible as evidence of other bad acts, namely theft. The Supreme Court reversed the conviction and sentence, holding that the district court (1) erred in denying Defendant's motion for continuance, as the failure to provide a continuance under the circumstances was prejudicial; and (2) abused its discretion in admitting evidence of the theft under the inextricably intertwined exception to the rule making a defendant's uncharged bad act inadmissible. Remanded for a new trial. View "State v. Ash" on Justia Law

Constance created an LLC and a revocable trust. Constance transferred her real estate to the LLC and directed that, upon her death, her remaining property be transferred to the Trust. After Constance's death, her son David, as trustee of the Trust and as manager of the LLC, filed a declaratory action to allow the sale of the real estate pursuant to the Trust. Constance's other children, as beneficiaries of the Trust and members of the LLC, filed counterclaims for a declaratory judgment that the LLC should govern disposition of the real property and sought an accounting. The district court determined that the Trust would control the disposition and that David did not breach his fiduciary duties. The court of appeals affirmed. David subsequently moved for attorney fees and postjudgment interest, which the district court granted. The Supreme Court vacated the district court's order and denied the beneficiaries' request for attorney fees, holding (1) the award of attorney fees and costs was outside the scope of the mandate given by the court of appeals, and therefore, the district court was without jurisdiction to consider the motion; and (2) the beneficiaries were not entitled to attorney fees on the ground that David's motion was frivolous. View "Klingelhoefer v. Monif" on Justia Law

Brydon was a minor child. After Brydon's mother died, Silvija, Brydon's maternal grandmother, sought to be appointed Brydon's permanent guardian. Eric, Brydon's adjudicated father, was allowed to intervene in the proceedings. The county court appointed Silvija as Brydon's permanent guardian but rejected her request for adoption and for permanent in loco parentis status. The court subsequently awarded Silvija attorney fees and assessed them to Eric and Brydon's estate. The Supreme Court (1) reversed the part of the county court's order that assessed Silvija's attorney fees against Eric, holding that in a guardianship proceeding for a minor, a court cannot assess a petitioner's costs against another party; and (2) affirmed the county's court's decision not to confer permanent in loco parentis status to Silvija. Remanded. View "In re Guardianship of Brydon P." on Justia Law

Petitioner was a pregnant sixteen-year-old who sought authorization for an abortion with consent of a parent or guardian. In general, an abortion can only be performed on a unemancipated woman under the age of eighteen with the consent of both the pregnant woman and one of her parents or a legal guardian. The district court denied Petitioner's request. The Supreme Court affirmed, holding (1) for a waiver of consent under the provision of Neb. Rev. Stat. 71-6903(3) for abuse or neglect by a parent or guardian, the pregnant woman must establish that a parent or guardian has abused or neglected her; (2) Petitioner did not establish by clear and convincing evidence that she was a victim of abuse or neglect under section 71-6903(3); and (3) Petitioner failed to establish that was sufficiently mature and well informed to decide on her own whether to have an abortion. View "In re Petition of Anonymous 5" on Justia Law

The Nebraska Public Power District (NPPD) filed an application with the Department of Natural Resources (DNR) to appropriate additional surface water from the Niobrara River. The Middle and Lower Niobrara Natural Resources Districts (collectively, NRDs) and Thomas Higgins, who held senior existing and pending Niobrara River surface water appropriations, objected to the application. The DNR dismissed all objections sua sponte, concluding that the objectors lacked standing. The Supreme Court affirmed, holding that the DNR did not err in (1) dismissing the NRDs' objections for lack of standing because they failed to allege any legal right, title, or interest in the subject water of the Niobrara River and because the NRDs' allegations that the granting of the application would cause a portion of the Niobrara River Basin to be declared fully appropriated in the future were based on mere conjecture; and (2) finding that Higgins lacked standing, as Higgins failed to allege sufficient allegations of harm. View "In re Application A-18503" on Justia Law