Justia Nebraska Supreme Court Opinion Summaries

A rental vehicle driven by James Nelson was stopped for speeding. A subsequent search disclosed a package of cocaine. After a jury trial, Nelson was found guilty of possession of cocaine with intent to deliver or distribute. The Supreme Court affirmed, holding (1) although Nelson was not the driver authorized on the rental agreement, he had permission from the authorized driver to drive the vehicle, and therefore, Nelson had standing to challenge his detention and the search of the vehicle; (2) the district court's denial of Nelson's first motion to suppress was not in error where an objectively reasonable law enforcement officer would have had a reasonable, articulable suspicion to detain Nelson; and (3) the district court did not err when it denied Nelson's motion for a new trial based on newly discovered evidence because the evidence at issue was not newly discovered evidence under Neb. Rev. Stat. 29-2101(5), the evidence was not exculpatory, and its loss or destruction did not deprive Nelson of due process or a fair trial. View "State v. Nelson" on Justia Law

Grandmother and Grandfather filed a petition for adoption seeking to adopt Child. Grandfather had dementia, so Father, who was Child's father and Grandparents' son, sought to participate in the adoption proceedings on Grandfather's behalf and object to his mental capacity to pursue the adoption. After a hearing, the county court entered an order finding that Father did not have standing in the adoption case. At issue on appeal was whether Father could stand as Grandfather's "next friend" and participate in the proceeding. The Supreme Court dismissed the appeal, holding (1) the Court lacked jurisdiction because Father's appeal was not taken from a final, appealable order; (2) Father could not appeal on his own behalf because he had asserted no personal stake in the controversy; and (3) Father could not appeal on Grandfather's behalf because the court's dismissal of Father did not affect any of Grandfather's substantial rights. View "In re Adoption of Amea R." on Justia Law

A public power and irrigation district (District) filed an action against a development and other sublessees (collectively, Development) to quiet title to land owned by District and leased by Development. Development filed motions to dismiss the complaint, arguing that District's complaint failed to state a claim upon which relief could be grante. The district court sustained the motions and overruled Development's motion for attorney fees. The Supreme Court reversed, holding that the district court erred in granting Development's motions to dismiss because (1) the allegations in District's complaint, taken as true, were plausible and thus were sufficient to suggest that District had presented a justiciable controversy, and (2) the motions to dismiss filed in this case provided no notice that Development was asserting the affirmative defenses of judicial estoppel, collateral estoppel and res judicata. Remanded. View "Central Neb. Pub. Power v. Jeffrey Lake Dev." on Justia Law