Justia Nebraska Supreme Court Opinion Summaries

After a jury trial, Matthew Fox was convicted of first degree murder and use of a weapon to commit a felony. Fox appealed, asserting that the district court erred when it found him competent to stand trial and when it allowed him to absent himself from major portions of the trial. The Supreme Court affirmed, holding (1) the district court did not err when it determined that Fox was competent to stand trial, and (2) the district court did not err when it found that Fox knowingly and voluntarily waived his right to be present at trial and allowed Fox to absent himself from trial. View "State v. Fox" on Justia Law

Jeffrey Hessler was incarcerated and sentenced to death relating to the rape and murder of a fifteen-year-old. Hessler subsequently filed a motion for postconviction relief. The district court granted an evidentiary hearing on the limited issue of whether trial counsel was ineffective in failing to demand a competency hearing before the trial court allowed Hessler to waive counsel and represent himself at sentencing. The court then denied postconviction relief. The Supreme Court affirmed, holding that Hessler failed to demonstrate a reasonable probability that he was incompetent at the sentencing hearing, and therefore, the district court did not err in denying postconviction relief. View "State v. Hessler" on Justia Law

The City of Minden filed an application to construct a subtransmission line with the Nebraska Power Review Board (Board). Southern Public Power District (Southern) objected to the application. The Board denied the application, finding that Minden's proposal was not the most economical and feasible means of supplying electrical services and also that its proposal would unnecessarily duplicate Southern's existing line. The Supreme Court affirmed, holding (1) there was evidence to support the Board's decision that Southern could more economically and feasibly transmit Minden's necessary power; and (2) the record showed sufficient evidence to support the Board's decision that Minden's line would be unnecessarily duplicative of Southern's line, and that decision was not arbitrary or unreasonable. View "In re Application of Minden" on Justia Law

This appeal focused on the legality of a video gaming device known as Bankshot, which was developed and distributed by Appellees. Appellees filed this lawsuit after the State seized two Bankshot devices as alleged illegal gambling devices, seeking a declaration that they were not illegal. The state agencies and officers who were named as defendants filed a counterclaim seeking a declaration that Bankshot was a "game of chance" and therefore an unlawful gambling device. The district court (1) found that Bankshot was a game of chance when played in some modes but not when played by others; (2) ultimately concluded that Bankshot was a gambling device under Nebraska law; and (3) refused the State's request for injunctive relief, reasoning that there was no showing that Appellees knowingly used Bankshot to advance unlawful gaming activity. The Supreme Court affirmed, holding that the circuit court did not err in denying injunctive relief because (1) where the Bankshot game was reconfigured to comply with the terms of the district court order, injunctive relief completely banning the development and distribution of Bankshot in any form was not warranted; and (2) Bankshot, as currently configured, was not a game of chance. View "Am. Amusements Co. v. Neb. Dep't of Revenue" on Justia Law

An infant died while under the care of Carla McKinney, who operated a daycare center. Matthias Okoye, a pathologist who worked for Nebraska Forensic Medical Services (collectively, Appellees), reported in an autopsy report that the infant died of injuries from child abuse. McKinney was arrested and charged with felony child abuse, but the State later dropped the charges. McKinney sued Appellees for malicious prosecution. The district court dismissed McKinney's complaint, concluding that McKinney could not base an action for malicious prosecution on Okoye's statements because an absolute testimonial privilege shielded them. The Supreme Court reversed, holding that a person who gives information to a prosecutor that results in a criminal prosecution against another does not have an absolute privilege from liability for malicious prosecution. View "McKinney v. Okoye" on Justia Law

Anthony Alsidez died in a single-car accident after a passenger, Gregory Segura, grabbed the steering wheel of the Jeep Anthony was driving. The Jeep was owned by Melissa Alsidez, Anthony's mother, who had a policy with American Family Mutual Insurance Company. Melissa filed a negligence suit against Segura, combined with a coverage action against American Family. After Melissa settled with Segura at an amount that did not compensate her for her claimed loss, Melissa sought to recover underinsured motorist coverage from American Family. The district court granted summary judgment in favor of Melissa, holding, among other things, that the exclusion from the underinsured coverage in Melissa's policy for vehicles "owned by or furnished or available for the regular use of you or a relative" was not void as against public policy. The Supreme Court affirmed, holding that the district court did not err in its judgment where (1) the Jeep was not an "underinsured vehicle" under the policy, and (2) the "regular use" exclusion was consistent with the Uninsured and Underinsured Motorist Insurance Coverage Act and not void as against public policy. View "Alsidez v. Am. Family Mut. Ins. Co." on Justia Law

Under one contract, City collected solid waste and took it to a waste services company's (Company) transfer station. Company hauled the waste to a landfill. After this contract expired, Company charged the city $42.50 per ton for temporarily accepting its waste at the transfer station. Company later increased City's rate to $60 per ton. Under a second contract, Company performed disposal services for City and charged the same rate it charged under the first contract. After the first contract expired, Company increased City's rate to $60 per ton under the second contract. City sued Company, alleging it was entitled to recover the payments that Company had received for disposal services at the rate of $42.50 per ton. The district court entered judgment for City. The Supreme Court (1) concluded that the parties were operating under an implied contract when Company temporarily accepted City's waste at the transfer station; (2) affirmed the district court's restitution award for the full amount of the overpayments, concluding that Company was unjustly enriched because Company obtained City's assent to its unilateral modification of the price for services through economic duress; and (3) reversed the court's determination of the reasonable value of Company's services. Remanded. View "City of Scottsbluff v. Waste Connections of Neb." on Justia Law

Lucky Iromuanya was convicted of second degree murder, attempted second degree murder, and two related counts of use of a weapon. The Supreme Court modified his sentence. Iromuanya subsequently filed a petition for postconviction relief, alleging multiple claims of ineffective assistance of counsel directed at his trial and appellate counsel. The district court overruled the motion without an evidentiary hearing. The Supreme Court affirmed, holding that the district court did not err in dismissing Iromuanya's motion without a hearing where, for all of his claims, Iromuanya either failed to allege facts that showed his counsel's deficient performance or failed to allege facts that showed he was prejudiced by his counsel's alleged deficiencies. View "State v. Iromuanya" on Justia Law

Before Appellee began work as a certified nurse aid at Hospital, she failed to disclose on a preemployment questionnaire a work-related injury she received in 2001. In 2008, while working at Hospital, Appellee injured her back. Appellee subsequently petitioned for workers' compensation benefits. The trial judge dismissed the petition, concluding (1) Appellee had willfully misrepresented her work-related injury history when she failed to disclose information about her previous injury; and (2) the hospital could deny benefits because of Appellee's misrepresentation pursuant to Hilt Trucks Lines, Inc. v. Jones. The Workers' Compensation Court reversed and remanded, concluding that the trial judge erred in finding a causal connection between Appellee's misrepresentation and her 2008 injury. The Supreme Court reversed, holding that the Court's decision in Hilt Truck Lines, Inc. was clearly erroneous, and it was therefore overruled. Remanded for further proceedings to determine whether Appellee was entitled to benefits without regard to Hospital's misrepresentation defense. View "Bassinger v. Neb. Heart Hosp." on Justia Law

Timmy Timmens was convicted of second degree murder. The Supreme Court affirmed his conviction and sentence. Timmens subsequently filed a motion for postconviction relief, alleging that his trial counsel was ineffective in several particulars and that his appellate counsel was ineffective in failing to raise ineffective assistance of trial counsel on direct appeal. The district court dismissed all but one of the claims without a hearing and denied the remaining claim following an evidentiary hearing. The Supreme Court affirmed, holding (1) Timmens' appeal of the order denying all but one of his postconviction claims without a hearing was untimely; (2) trial counsel's performance with respect to Timmens' remaining claim was not deficient under the Strickland v. Washington standard, and therefore, appellate counsel was not ineffective in not raising the issue of trial counsel's performance on direct appeal; and (3) the district court did not abuse its discretion in denying Timmens' motion to alter or amend the judgment. View "State v. Timmens" on Justia Law