Justia Nebraska Supreme Court Opinion Summaries

Trevor M. Jones was charged with theft by deception in November 2023. Almost a year after the charge was filed, Jones moved for absolute discharge, claiming that the State of Nebraska failed to bring him to trial within the time required by Nebraska’s statutory speedy trial provisions. The District Court for Lancaster County held a hearing and agreed that Jones’s statutory speedy trial rights had been violated, granting his motion for absolute discharge and dismissing the charge.Following this decision, the State sought to appeal the district court’s order. Instead of following the procedures set out for exception proceedings under Neb. Rev. Stat. § 29-2315.01, which specifically governs State appeals in criminal cases, the State simply filed a notice of appeal under the general appellate statute, Neb. Rev. Stat. § 25-1912. The Nebraska Court of Appeals questioned whether it had jurisdiction, since the State had not complied with the specific procedural requirements for exception proceedings. After seeking input from the State and considering a motion for summary dismissal from Jones, the Court of Appeals dismissed the appeal, finding that the State’s failure to follow the statutory process deprived the appellate court of jurisdiction. The State’s motion for rehearing was denied.The Nebraska Supreme Court reviewed the matter on further review. The Supreme Court held that, under established precedent and the doctrine of stare decisis, the State may only obtain appellate review of a district court’s order granting absolute discharge in a criminal case by strictly following the procedures outlined in § 29-2315.01. The State’s failure to do so meant the appellate courts lacked jurisdiction to hear the appeal. The Supreme Court affirmed the Court of Appeals’ dismissal of the State’s appeal. View "State v. Jones" on Justia Law

The defendant was convicted by a jury of first degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person. Following affirmance of his convictions on direct appeal, he filed a timely motion for postconviction relief, alleging ineffective assistance of counsel and a Brady violation based on counsel’s failure to present exculpatory evidence and a witness. The defendant submitted three documents on the same day: his motion, a memorandum brief with an affirmation concerning the brief, and a separate affirmation, filed with a motion for appointment of counsel, that expressly verified the facts in his postconviction motion.The District Court for Hall County denied postconviction relief without an evidentiary hearing, citing two independent grounds: lack of verification and substantive defects in the motion. The court interpreted the affirmation attached to the memorandum brief as not verifying the motion for postconviction relief and did not address the effect of the separate affirmation attached to the motion for appointment of counsel. Alternatively, the court found that the defendant’s claim was insufficient on the merits, characterizing the allegations as mere conclusions of fact or law without supporting facts.On appeal, the Nebraska Supreme Court reviewed the case for plain error because the defendant’s brief failed to properly assign errors as required by court rules. The Supreme Court held that a separate, properly executed verification, filed simultaneously with a postconviction motion and directed exclusively to that motion, satisfies the statutory verification requirement. However, the court found no plain error in the District Court’s denial of relief, concluding that the defendant’s motion did not allege sufficient facts to warrant an evidentiary hearing. Accordingly, the Nebraska Supreme Court affirmed the denial of postconviction relief. View "State v. Anthony" on Justia Law

A Nebraska limited liability company owned by Michael Perkins hired RMR Building Group, LLC, managed and solely owned by Robert M. Ryan II, as a general contractor to redevelop a shopping center. Their contract used a cost-plus billing arrangement, where Perkins paid RMR in advance for specific construction costs, including a substantial sum for HVAC equipment and RMR’s fee. RMR deposited the funds into its general operating account but did not pay for the HVAC equipment; instead, it used the money to cover other business obligations. Perkins terminated the contract after RMR failed to provide proof of payment for the equipment and then sued RMR and Ryan for breach of contract, unjust enrichment, conversion, and fraudulent misrepresentation, also seeking to pierce the corporate veil and hold Ryan personally liable.The District Court for Douglas County found that RMR breached the contract and was liable under theories of money had and received and unjust enrichment, but not for conversion or fraudulent misrepresentation. The court declined to disregard RMR’s corporate entity, finding no sufficient evidence that Ryan diverted funds for personal use or that RMR was a mere facade for Ryan’s dealings. Perkins appealed these findings.The Nebraska Court of Appeals reversed in part, concluding that the corporate veil should be pierced and Ryan held jointly and severally liable for the misappropriated funds, relying on factors from United States Nat. Bank of Omaha v. Rupe. On further review, the Nebraska Supreme Court reversed the Court of Appeals, holding that the evidence did not establish by a preponderance that RMR’s entity should be disregarded, nor did it support fraud or conversion claims against Ryan. The Supreme Court remanded with direction to affirm the district court’s judgment. View "Perkins v. RMR Building Group" on Justia Law

A juvenile born in 2007 was adjudicated at age 14 for habitual truancy and placed on indefinite probation. Over the next several years, he was adjudicated in four separate delinquency cases—primarily theft and assault-related—and placed on indefinite probation in each case. While still on probation in all five cases, the State filed a felony criminal complaint against him for attempted robbery. In response, the State moved in all juvenile cases for a finding that he was not amenable to rehabilitative services under the Nebraska Juvenile Code, requesting that the court terminate jurisdiction “unsuccessfully.”The Separate Juvenile Court of Sarpy County held a consolidated hearing, receiving evidence regarding the juvenile’s history, participation in probation and services, and recent criminal charges. The court found him nonamenable to rehabilitative services and ordered termination of both probation and the court’s jurisdiction, specifying that the record would not be sealed. The juvenile appealed these orders. The Nebraska Court of Appeals consolidated the appeals, and the Nebraska Supreme Court moved them to its docket to address statutory interpretation and procedural issues regarding Neb. Rev. Stat. § 43-2,106.03.The Nebraska Supreme Court held that a finding of nonamenability under § 43-2,106.03 must be established by a preponderance of the evidence, with the State bearing the burden when it moves for such a finding. The Court affirmed the juvenile court’s determination of nonamenability, finding no abuse of discretion. However, it held there is no statutory authority for a juvenile court to terminate probation or jurisdiction based solely on a finding of nonamenability under § 43-2,106.03. The Supreme Court affirmed the nonamenability finding, but vacated the orders terminating probation and jurisdiction, remanding the cases for further proceedings. View "In re Interest of Johnny H." on Justia Law

A privately held Nebraska S corporation had two classes of stock: Class A voting shares and Class B nonvoting shares. In 2023, the corporation sold substantially all its assets to a third party in a transaction structured as a disposition of assets, with proceeds distributed to all shareholders. The board unanimously approved the transaction, and the majority of both classes of shares voted in favor, except for some Class A and Class B shareholders, who opposed or abstained. Following closing, Class B shareholders received their cash proceeds but subsequently notified the corporation of their intent to assert appraisal rights, seeking a higher payment per share.The District Court for Sarpy County was presented with cross-motions for partial summary judgment regarding whether Class B nonvoting shareholders were entitled to appraisal rights under Nebraska’s Model Business Corporation Act (NMBCA) following the asset sale. The district court found that the relevant statute (§ 21-2,172(a)(3)) limited appraisal rights for a disposition of assets to shareholders “entitled to vote on the disposition,” and therefore determined that Class B shareholders lacked such rights. The court granted summary judgment in favor of the corporation and related parties, dismissed certain third-party defendants, and certified the judgment for immediate appeal pursuant to Neb. Rev. Stat. § 25-1315(1).On appeal, the Nebraska Supreme Court reviewed the district court’s grant of summary judgment de novo and its certification for abuse of discretion. The court held that only Class A voting shareholders were entitled to appraisal rights in connection with the disposition of assets, as the statute unambiguously limited such rights to voting shareholders. The court also found no express grant of appraisal rights to Class B shareholders in the articles of incorporation. The Supreme Court affirmed the district court’s judgment. View "Streck, Inc. v. Ryan" on Justia Law

The case concerns the prosecution of a father charged with first and third degree sexual assault of his 5-year-old biological daughter. The child disclosed the alleged abuse to her older brother, who then informed their mother. The day after the disclosure, the father visited the mother’s home and, upon hearing the brother repeat the accusation, physically assaulted and threatened to kill the brother if he repeated the allegation. The mother delayed reporting the incident to law enforcement for about a month. During pretrial proceedings, the court excluded evidence of another accusation involving a different child but permitted testimony about the father's assault and threat against the brother.Following a jury trial in the District Court for Douglas County, the defendant was acquitted of first degree sexual assault but convicted of third degree sexual assault of a child and sentenced to imprisonment and post-release supervision. He appealed to the Nebraska Court of Appeals, arguing that admission of evidence regarding the assault and threat was unduly prejudicial under Neb. Rev. Stat. § 27-403. The Court of Appeals reversed the conviction, reasoning that omitting context about the accusation involving the other child created a misleading impression and unfairly prejudiced the defendant, warranting a new trial.On further review, the Nebraska Supreme Court found that the district court did not abuse its discretion in admitting evidence of the defendant’s assault and threat toward the brother. The Court held that this evidence was probative of consciousness of guilt and explained the mother’s delay in reporting the crime. It further determined that any omission regarding the other child’s accusation did not rise to the level of plain error, especially since defense counsel had sought its exclusion. The Supreme Court reversed the Court of Appeals’ decision and remanded with directions to affirm the conviction and sentence. View "State v. Cartwright" on Justia Law

The appellant was convicted of two felonies in the District Court for Lancaster County, Nebraska, and was sentenced to concurrent one-year terms of imprisonment, followed by 18 months of post-release supervision. Afterward, the appellant was convicted in the District Court for Saline County and received a consecutive two-year prison sentence. The appellant completed both periods of incarceration and subsequently filed a motion in Lancaster County District Court to terminate his post-release supervision, arguing that his progress during incarceration and the imposition of separate sentences warranted terminating supervision.Upon receiving the motion, the Lancaster County District Court held a hearing in which the appellant presented evidence of his progress and support system. The court denied the motion, citing the statutory requirement for post-release supervision, and entered a formal order of denial. The appellant then filed a timely appeal from this order.The Nebraska Supreme Court reviewed the case, first confirming appellate jurisdiction by finding that the denial of the motion to terminate post-release supervision constituted a final, appealable order. On the merits, the court interpreted relevant statutory language and held that post-release supervision is a mandatory period following incarceration and cannot be served while an individual is still imprisoned for another consecutive sentence, regardless of whether the sentences were imposed in different counties. The court further found that the appellant’s progress during incarceration did not provide a legal basis to terminate the statutorily required post-release supervision. Applying an abuse of discretion standard, the Nebraska Supreme Court held that the district court did not err or abuse its discretion in denying the appellant’s motion and affirmed the lower court’s order. View "State v. Jackson" on Justia Law

The case concerns Armon K. Rejai’s conviction for second degree murder following a shooting outside his apartment in Lancaster County, Nebraska, on January 21, 2023. The victim, Julian Martinez, was his 18-year-old neighbor. The incident began with a dispute over dogs being off-leash, escalated to Rejai pepper spraying Martinez and his roommates, and culminated with Martinez pounding on Rejai’s door. Rejai claimed that Martinez lunged at him when he opened the door, prompting him to shoot Martinez in the chest. Martinez later died at the hospital as a result of the gunshot wound.Initially charged with first degree murder and other offenses, Rejai ultimately entered a no contest plea to second degree murder under a plea agreement, and the other charges were dismissed. The District Court for Lancaster County accepted the plea and ordered a presentence investigation report (PSR), which included psychological evaluations revealing that Rejai had autism spectrum disorder, generalized anxiety disorder, and post-traumatic stress disorder. The PSR also showed he had no prior convictions, despite a previous acquittal for terroristic threats. At sentencing, the court imposed the maximum penalty of life imprisonment.The Nebraska Supreme Court reviewed the case after Rejai appealed, arguing that the sentence was excessive. The court held that the district court did not abuse its discretion in weighing mitigating factors, considering the PSR’s contents, or imposing the sentence. The Nebraska Supreme Court reaffirmed that appellate courts are not required to conduct comparative analyses of sentences from other cases and expressly disapproved a contrary statement in State v. Iromuanya. The holding was that Rejai’s life sentence was not excessive and did not constitute an abuse of discretion. The judgment of the district court was affirmed. View "State v. Rejai" on Justia Law

The appellant was convicted of second degree murder after a jury trial relating to the disappearance of a fellow college student with whom he was last seen. The defense’s strategy at trial was to present alternative explanations for the missing person’s fate, including accidental hypothermia, and called a forensic pathologist as an expert witness. During cross-examination, the expert stated that if someone purposely placed another person in a dangerous situation where they could not return to safety, that would be considered a homicide. Trial counsel did not object or further clarify the testimony. The jury found the appellant guilty of second degree murder.Following conviction and sentencing, the appellant’s counsel filed a direct appeal, which challenged only the sufficiency of the evidence, and the Nebraska Supreme Court affirmed the conviction. The appellant then filed a motion for postconviction relief in the District Court for Gage County, alleging ineffective assistance of trial counsel based mainly on the handling of the expert’s testimony. After an evidentiary hearing—including depositions of trial counsel—the district court found that counsel’s decisions about the expert’s testimony were strategic and did not amount to deficient performance. The district court denied postconviction relief.On appeal, the Nebraska Supreme Court reviewed the district court’s factual findings for clear error and legal conclusions independently. The court held that trial counsel’s response to the expert’s testimony was a strategic decision and not objectively unreasonable. The court also found that additional claims raised for the first time on appeal could not be considered. The Nebraska Supreme Court affirmed the order of the district court denying postconviction relief. View "State v. Keadle" on Justia Law

A New Mexico insurance company initiated a lawsuit in Nebraska against two insurance companies, asserting claims for contribution and indemnity. One defendant, a New York insurance company, moved to dismiss for lack of personal jurisdiction, while the other defendant, a surplus insurance company, challenged a default judgment and sought to file a responsive pleading. The district court in Douglas County issued separate orders: it dismissed the New York insurer with prejudice and set aside the default judgment against the other defendant, allowing additional proceedings.After the dismissal order concerning the New York insurer, the plaintiff appealed to the Nebraska Court of Appeals, which summarily dismissed the appeal for lack of jurisdiction. The case returned to the district court, where the plaintiff voluntarily dismissed its claims against the remaining defendant without prejudice. This second dismissal order did not reference the prior dismissal of the New York insurer. The plaintiff then filed another appeal, again challenging the earlier dismissal order. The Court of Appeals dismissed this second appeal for lack of appellate jurisdiction, citing the absence of a single judgment resolving all claims against all parties as required by Nebraska statutes and referencing the Nebraska Supreme Court’s decision in Elbert v. Keating, O’Gara. The plaintiff petitioned for further review.The Nebraska Supreme Court reviewed the case and held that, because the district court had not entered a single written judgment adjudicating all claims and all parties, nor certified any order as final under the applicable statute, there was no final, appealable order. Therefore, the Supreme Court determined it lacked appellate jurisdiction and affirmed the dismissal of the appeal by the Court of Appeals. The court emphasized that jurisdiction cannot be created by voluntary dismissal without prejudice of unresolved claims or parties in the absence of a final judgment. View "Continental Indem. Co. v. Starr Indem. & Liab. Co." on Justia Law