Justia Nebraska Supreme Court Opinion Summaries

Jeffrey Glazebrook was convicted for first degree murder and was sentenced to life imprisonment. On appeal, Glazebrook contended (1) that the State's delay in charging him with the offense violated his constitutional rights, and (2) that the trial court erred in receiving certain evidence over his objections. The Supreme Court reversed the conviction, holding (1) the district court's determination that Glazebrook failed to establish a denial of due process resulting from preindictment delay was not clearly erroneous, but (2) the district court abused its discretion in receiving evidence of Glazebrook's criminal history, and the error was not harmless beyond a reasonable doubt. Remanded for a new trial. View "State v. Glazebrook" on Justia Law

Jonathan Becker pleaded guilty to motor vehicle homicide and was sentenced to five years of probation, which included a requirement that Becker participate in a work ethic camp. The court also revoked Becker's driver's license for five years as a condition of probation. Becker later violated his probation, and the court revoked it. The court then sentenced Becker to five years in prison and again revoked Becker's license, this time for fifteen years. The court did not give Becker credit for the time he served in the work ethic camp or for his previous driver's license revocation. The Supreme Court vacated the sentence, holding (1) Becker should receive credit for the time served at the work ethic camp, but (2) Becker should not receive credit for the time his license was revoked while he was on probation. Remanded for resentencing. View "State v. Becker" on Justia Law

Ronald Bacon was injured while working at a construction site. Bacon sued the general contractor, the general contractor's commercial liability insurer, the subcontractor, and the parent company of the subcontractor. Bacon settled with the insurer, which together with the general contractor's separate liability insurer, made payments to Bacon pursuant to the settlement agreement. After Bacon settled with the subcontractor's parent company, the general contractor's two insurers filed a breach of contract action because Bacon received the proceeds of his second settlement but refused to make payment to the insurers under the terms of the first settlement agreement. The district court granted summary judgment for the insurers, finding Bacon, his lawyer, and the lawyer's law firm liable in the amount of $437,500. The Supreme Court reversed the district court's finding that lawyer and law firm were personally liable on the contract, holding that an attorney and/or law firm is not liable on a contract negotiated on behalf of a client when the contract provides that both the client and the attorney "agree to and will pay" a certain sum of money and the attorney signs the contract under the legend "Agreed to in Form & Substance". The Court otherwise affirmed. View "RSUI Indemnity Co. v. Bacon" on Justia Law