Justia Nebraska Supreme Court Opinion Summaries

Defendant, whose native language was Dinka Bor, pleaded no contest to first degree murder. After a colloquy, the trial court accepted Defendant’s plea, finding that Defendant had entered his plea freely, voluntarily, knowingly, and intelligently. The trial court sentenced Defendant to life in prison. The Supreme Court affirmed, holding (1) Defendant’s plea was voluntary because he could comprehend the proceedings and communicate in English; and (2) Defendant’s counsel was not ineffective for failing to ensure that Defendant understood his constitutional rights, failing to stop the plea hearing, and failing to request an interpreter. View "State v. Bol" on Justia Law

After a jury trial, Defendant was convicted of second degree murder and use of a deadly weapon to commit a felony. In this appeal, Defendant's third appeal to the Supreme Court, Defendant argued that he was denied due process by the State’s knowing use of fabricated evidence to obtain his convictions and that his trial counsel acted under an actual conflict of interest during Defendant’s trial and the pendency of his direct appeal. The Supreme Court affirmed the district court’s denial of relief, holding that the district court did not err in (1) finding that the State did not knowingly use fabricated evidence to obtain Defendant’s convictions; and (2) finding that Defendant’s trial counsel did not operate under a conflict of interest. View "State v. Edwards" on Justia Law

Plaintiff brought an employment discrimination suit against her former employers, alleging that she had been unlawfully terminated in violation of the Family and Medical Leave Act (FMLA) and the ADA Amendments Act of 2008 (ADAAA). The district court granted partial summary judgment for Pierce on the issue of whether the employers were “integrated” for purposes of the FMLA. After an ensuing trial, the jury returned a verdict on both the FMLA and the ADAAA claims. The Supreme Court affirmed, holding (1) the trial court did not err in granting partial summary judgment and finding as a matter of law that the employers were integrated for purposes of the FMLA; (2) the trial court did not abuse its discretion in ruling on Plaintiff’s motions in limine; and (3) there was sufficient evidence to support the verdict. View "Pierce v. Landmark Mgmt. Group" on Justia Law

After a jury trial, Defendant was convicted of second degree murder and sentenced to life imprisonment. The Supreme Court affirmed the conviction and sentence, holding, among other things, that the trial court did not err by (1) denying Defendant’s motion to suppress; (2) admitting into evidence journal entries written by Defendant while incarcerated for another crime; (3) not excluding the testimony of certain witnesses on the grounds that Defendant was presented with a “Hobson’s choice” of either conducting effective cross-examination that would bring to light other bad acts or not conducting an effective cross-examination; and (4) giving Defendant a life sentence. View "State v. Oldson" on Justia Law

After a jury trial, Defendant was convicted of second degree murder and use of a deadly weapon. The Supreme Court affirmed the convictions on direct appeal. Defendant subsequently filed a motion for postconviction relief alleging ineffective assistance of counsel. The State filed a motion to deny an evidentiary hearing on Defendant’s motion, and the district court granted the State’s request. Thereafter, the district court denied postconviction relief. The Supreme Court affirmed, holding (1) the district court did not err by denying an evidentiary hearing where Defendant’s motion did not allege any prejudice due to his trial counsel’s alleged deficient performance; and (2) the district court did not err by denying postconviction relief. View "State v. Abdulkadir" on Justia Law

Defendant was convicted of three counts of first degree murder, three counts of use of a deadly weapon to commit a felony, and one count of possession of a deadly weapon by a prohibited person. Defendant appealed, arguing that the trial court erred in admitting Defendant’s out-of-court statements to several witnesses in the weeks following the murders under the coconspirator exception to the hearsay rule. The Supreme Court reversed the judgment and remanded the cause for a new trial, holding that the trial court erred in admitting the hearsay statements of one witness, and the error was not harmless beyond a reasonable doubt. View "State v. Britt" on Justia Law

Defendant was found guilty in county court of driving under the influence and was sentenced to six months’ probation. Defendant appealed, challenging the denial of his motion to suppress. The district court affirmed the conviction and sentence. The court of appeals reversed, concluding that the police did not act reasonably in stopping Defendant, and therefore, the stop was unconstitutional under Brown v. Texas. The Supreme Court granted the State’s petition for further review. The Court then reversed, holding that the stop was reasonable under Brown, and the court of appeals erred in its balancing of the Brown factors. View "State v. Woldt" on Justia Law

Marilyn Waldron, a seventy-eight-year-old woman, sustained injuries when Deputy Sheriff James Roark and his partner entered Waldron’s home to serve an arrest warrant on Waldron’s grandson. Waldron brought this action against Roark pursuant to 42 U.S.C. 1983, claiming that the entry was in violation of the Fourth Amendment and that Roark used excessive force against her. The district court granted summary judgment to Roark, concluding that the circumstances justified the deputies’ entry into the home and that Roark’s use of force was objectively reasonable. The Supreme Court reversed, holding (1) a question of fact existed as to whether Roark’s entry into Waldron’s home violated her rights under the Fourth Amendment; and (2) a question of fact existed as to whether the force Roark used was excessive. Remanded. View "Waldron v. Roark" on Justia Law

Lionel Simeus filed a complaint against RGR Company LLC with the Lincoln Commission on Human Rights for housing discrimination in violation of section 11.06.020(b) of the Lincoln Municipal Code and 42 U.S.C. 3604(b) of the federal Fair Housing Act. The Commission determined that RGR discriminated against Simeus on the basis of race and national origin and, on behalf of Simeus, filed a charge of discrimination against RGR. After a hearing, the Commission found in favor of Simeus. The district court affirmed. The Supreme Court reversed, holding that the Commission did not establish by a preponderance of the evidence that RGR’s proffered reasons for its negative treatment of Simeus were a pretext for discrimination or that Simeus was the victim of intentional discrimination. View "RGR Co., LLC v. Lincoln Comm’n on Human Rights" on Justia Law

After a jury trial, Defendant was convicted of two counts of first degree murder. The trial court sentenced Defendant to terms of life-to-life imprisonment for each murder conviction. Defendant appealed, arguing, primarily, that because sudden quarrel provocation negates the malice element of murder, the step instruction for first degree murder violated his due process rights because the jury was not instructed that the State had to prove that the killings were not the result of a sudden quarrel brought about by a sufficient provocation. The Supreme Court affirmed the convictions and sentences, holding (1) when the jury found beyond a reasonable doubt that Defendant acted with premeditated and deliberate malice, the jury necessarily simultaneously found no sudden quarrel provocation beyond a reasonable doubt; and (2) Defendant’s remaining arguments lacked merit. View "State v. Hinrichsen" on Justia Law