Justia Nebraska Supreme Court Opinion Summaries

Defendant pleaded guilty to driving under the influence, third offense. In sentencing and sanctioning Defendant, the district court (1) sentenced Defendant to one year imprisonment with one day's credit for time served; (2) fined Defendant; (3) revoked Defendant's driver's license for fifteen years; and (4) ordered that, if Defendant chose to drive, he obtain an ignition interlock permit, install an interlock device on each motor vehicle he operates, and utilize a continuous alcohol monitoring (CAM) device for the entire fifteen-year revocation. The Supreme Court affirmed, holding (1) the district court did not err in ordering Defendant to use a CAM device; (2) the district court did not err in stating in its written order that Defendant must abstain from alcohol use during the interlock revocation period; and (3) the sentence and sanctions imposed were not an abuse of discretion. View "State v. Sikes" on Justia Law

Defendant was convicted of kidnapping in the disappearance of nine-year-old Jill Cutshall. The trial court sentenced Defendant to life imprisonment. In 1992, The Supreme Court affirmed Defendant's conviction and sentence. In 2012, Defendant filed a motion for postconviction relief, alleging that he had recently learned of the existence of newly discovered evidence - a diary in which was detailed the abduction, rape and murder of Cutshall. The district court denied the motion without an evidentiary hearing. The Supreme Court affirmed, holding (1) the district court erred in finding that Defendant's motion was procedurally barred because his motion affirmatively showed on its face that the ground for relief could not have been asserted at the time of the prior postconviction proceedings; (2) the district court did not err in concluding that Defendant did not allege facts sufficient to necessitate an evidentiary hearing; and (3) because Defendant raised no justiciable issue of law or fact, the district court did not err in declining to appoint counsel. View "State v. Phelps" on Justia Law

After a jury trial, Defendant was convicted of robbery and kidnapping and sentenced to life imprisonment for kidnapping. Defendant subsequently filed a pro se motion for postconviction relief, alleging, among other things, that his trial counsel was ineffective for failing to present alibi evidence in the form of a witness's testimony. The district court denied the motion without holding an evidentiary hearing. The Supreme Court (1) reversed the district court's denial of Defendant's request for an evidentiary hearing regarding trial counsel's alleged ineffectiveness in failing to present the witness's alibi testimony; and (2) affirmed in all other respects. Remanded. View "State v. Branch" on Justia Law

Employee filed a petition for workers' compensation benefits for injuries he received during his employment with Employer. In accordance with Neb. Rev. Stat. 48-139(3), Employee entered into a lump-sump settlement with Employer and its workers' compensation insurance carrier. Pursuant to the statute, Employee filed a release in which he waived his rights under the Nebraska Workers' Compensation Act (Act) and discharged Employer from further liability arising from the injury. Employer paid the lump-sum amount forty-two days after the filing of the release. Employee subsequently sought and received a workers' compensation court order awarding a waiting-time penalty and attorney fees. The Supreme Court reversed, holding (1) a worker waives all of his rights under the Act when he files a release pursuant to the settlement procedures in section 48-139(3), including the right to penalties; and (2) therefore, a waiting-time penalty and the corresponding attorney fees cannot be imposed following a settlement reached under section 48-139(3). Remanded. View "Holdsworth v. Greenwood Famers Coop." on Justia Law

After the dissolution of her marriage to Father, Mother sought a modification of child custody and related matters. Father was personally served but defaulted. The district court first entered a default modification order. The court subsequently entered a second order vacating the first order based on the fact that Father was not given notice of the default hearing. Mother appealed, contending that the second order was an abuse of discretion. Father cross-appealed, challenging the first order. The Supreme Court dismissed Father's cross-appeal and affirmed the district court's order vacating the first order, holding (1) because the first order was a final order from which Father did not timely appeal, Father could not use his cross-appeal to attack it; and (2) precedent does not forbid a court from promptly vacating a default modification order for failure to comply with an approved local district court rule requiring notice of the motion for default. View "Fitzgerald v. Fitzgerald" on Justia Law

Braunger Foods sold food product supplies to Hungry's North, a business owned by Michael Sears. Braunger Foods filed this action against Sears and Hungry's (collectively Hungry's), seeking to recover amounts Braunger Foods claimed were due for sales it had made on credit to Hungry's. The district court (1) entered judgment against Hungry's for amounts it concluded were owing to Braunger Foods; and (2) entered no judgment against Sears, concluding that a guaranty, by which Braunger Foods sought to hold Sears personally liable for the debt, was ineffective. Braunger Foods appealed the trial court's conclusion that the guaranty was unenforceable against Sears. The court of appeals affirmed. The Supreme Court reversed, holding that the guaranty was enforceable against Sears. Remanded with directions to enter judgment against Sears. View "Braunger Foods, LLC v. Sears" on Justia Law

Eric and Gail Thacker sought to homeschool their children but did not obtain state recognition of their homeschool until October 2011. The Thackers did not enroll their five children in any legally recognized school before then. The county court convicted Eric and Gail individually of five misdemeanor counts for violating Nebraska's compulsory education statute. The district court reversed, contending that Neb. Rev. Stat. 79-201 required the Thackers to ensure that their children attended a legally recognized school every day of that school's calendar year until their request to operate a homeschool became effective. The Supreme Court overruled the State's exceptions, holding that section 79-201 did not criminalize the Thackers' failure to enroll their children in a legally recognized school pending the State's recognition of their homeschool. Remanded with instructions for the county court to vacate the convictions and sentences. View "State v. Thacker" on Justia Law

While at work, Employee was asked by his supervisor to enter a grain bin and to shovel grain into the center of the bin's conical base in order to facilitate removal of grain from the bin. Employee died of asphyxiation after being engulfed in the grain. Employer pleaded guilty to the criminal charge of willfully violating Occupational Safety and Health Administration (OSHA) regulations by knowingly permitting an employee to enter a grain bin in violation of safety standards. The personal representative of Employee's estate (Estate) subsequently brought this action against Employer for wrongful death and assault and battery and for a declaratory judgment that either the Nebraska Workers' Compensation Act did not apply or, alternatively, that it was unconstitutional on its face as applied. The district court dismissed the Estate's complaint, finding that the Act applied. The Supreme Court affirmed, holding (1) despite the egregiousness of Employer's conduct, the injury was still an "accident" as defined by the Act; and (2) the Act does not thereby unconstitutionally discriminate between employees and nonemployees or employee victims of employer willful negligence and employee victims of their own willful negligence. View "Estate of Teague v. Crossroads Coop. Ass'n" on Justia Law