Justia Nebraska Supreme Court Opinion Summaries

Shawna was the biological mother of two girls and two boys, all of whom were under fifteen years old. After an amended petition was filed by the State, the juvenile court found that all four children were within Neb. Rev. Stat. 43-247(3)(a) due to the faults and habits of Shawna and her husband and ordered the children to remain in the temporary care of the Nebraska Department of Health and Human Services for placement. Shawna challenged only the juvenile court's adjudication of her two sons, arguing that because the boys were not residing with her, they were not at risk of harm and did not fall within the meaning of section 435-247(3)(a). The Supreme Court reversed the judgment of the juvenile court pertaining to the two boys, holding that there was insufficient evidence to warrant an adjudication of the boys. View "In re Justine J." on Justia Law

After a jury trial, Defendant was convicted of second degree murder. Defendant appealed, challenging the district court's step instruction to the jury regarding second degree murder and manslaughter. The Supreme Court reversed, holding that the district court plainly erred in giving the instruction, as (1) although the instruction was correct when it was given, the Court's subsequent holding in State v. Smith rendered the instruction an incorrect statement of the law; (2) Smith applied retroactively to this case; and (3) there was evidence upon which a jury could conclude that the killing was intentional but provoked by a sudden quarrel and therefore constituted manslaughter. View "State v. Trice" on Justia Law