Justia Nebraska Supreme Court Opinion Summaries

Two individuals—a student enrolled in a nursing program and a prospective paramedic student—challenged a community college’s policy requiring proof of COVID-19 vaccination for participation in certain clinical programs. The student alleged she was removed from the nursing program after failing to provide proof of vaccination and not receiving a clear response to her request for a medical exemption. She also claimed that the college placed her in clinical rotations at facilities with strict vaccination requirements, while other students were placed at locations accommodating the unvaccinated. The prospective paramedic student did not complete the vaccination requirement, did not seek an exemption, and was told that proof of vaccination or a successful exemption was necessary for acceptance.The District Court for Lancaster County allowed amendment of the initial complaint, but ultimately dismissed the amended complaint for lack of subject matter jurisdiction and failure to state a claim. The court found that the contract and negligence claims were barred by sovereign immunity, that the due process and equal protection claims lacked sufficient factual allegations to proceed, and that the “ultra vires” claim was not cognizable. The court denied further leave to amend, finding amendment would be futile. A timely postjudgment motion to alter or amend was denied, and the plaintiffs appealed.The Nebraska Supreme Court, after reviewing for plain error due to briefing deficiencies, found no plain error in the lower court’s dismissal of the case. The Court concluded that the district court properly dismissed all claims and that the appeal was timely. The Supreme Court affirmed the judgment of the district court. View "Fischer v. Southeast Community College" on Justia Law

A deputy sheriff sergeant was terminated from his employment after an incident where he encountered two individuals with active “time pay” warrants for failure to pay fines. Despite confirming the existence and validity of the warrants, which were issued by a county court and directed to any law enforcement officer, he told the individuals that he would not arrest them because he believed doing so would be pointless. The interaction was recorded on his body camera. After the sheriff’s office conducted an internal investigation, the sergeant was found to have violated standard operating procedures by neglecting his duty.The sergeant appealed the termination to the county sheriff’s merit commission, which upheld the decision after a hearing. He then filed a petition in error with the District Court for Lancaster County, arguing that the evidence did not support his termination, that due process was denied because he was not given notice regarding issues of credibility or prior investigations, that the commission’s decision was void for untimely delivery, and that he had not waived any objections by failing to object during the administrative hearing. The district court found sufficient evidence supported the commission’s decision, determined the procedures were constitutionally adequate, rejected the argument about untimely delivery because no specific deadline for notification was violated, and concluded there was no prejudice regarding any waiver issue.The Nebraska Supreme Court reviewed the case. It held that sufficient evidence supported the finding that the sergeant neglected his statutory duty to execute the warrants, which justified termination under the governing procedures. The court also held that due process requirements were satisfied, as the sergeant received notice of the charges, an explanation of the evidence, and an opportunity to be heard. The court affirmed the district court’s judgment, finding no prejudicial error in the proceedings. View "Schmuecker v. Lancaster County" on Justia Law

The case involved a defendant who was charged in two separate criminal complaints, filed by different prosecutors, for conduct arising out of the same incident. The first complaint, brought by a city prosecutor in county court, alleged violations of municipal ordinances—specifically assault and battery, and disorderly conduct. The defendant entered a no contest plea to disorderly conduct as part of a plea agreement, and the assault and battery charge was dismissed with prejudice. Shortly before this plea, the county attorney’s office had filed a separate complaint charging the defendant with felony assault based on the same incident. After the case was later amended to charge first degree felony assault, the defendant argued that prosecuting the felony charge would violate double jeopardy protections.In the District Court for Douglas County, the defendant filed a plea in bar, contending that double jeopardy attached to the dismissed municipal assault and battery charge, thus barring the subsequent felony prosecution. The district court denied the plea, finding that jeopardy never attached to the dismissed charge because the defendant did not plead guilty or face trial on that offense, and the dismissal did not entail a determination of the merits.On appeal, the Nebraska Supreme Court reviewed the denial of the plea in bar de novo. The court held that jeopardy did not attach to the municipal assault and battery charge because the defendant did not enter a plea to that charge, nor did the court make any factual findings regarding it. The court further explained that a dismissal with prejudice pursuant to a plea agreement does not amount to an acquittal or the attachment of jeopardy unless the court resolves factual elements of the offense. Accordingly, the Nebraska Supreme Court affirmed the district court’s denial of the plea in bar, holding that double jeopardy protections did not bar the felony assault prosecution. View "State v. Holland" on Justia Law

In this case, the defendant was stopped by law enforcement officers in Seward County, Nebraska, after officers observed his vehicle turn without signaling and swerve as it drove. The officers approached the vehicle and observed signs of intoxication, including the smell of alcohol and the defendant’s slurred speech. The defendant admitted to drinking and was arrested for driving under the influence (DUI) and transported to the county detention center, where he submitted to a breath test. His blood alcohol content was measured at .131 grams per 210 liters of breath. After the breath test, an officer informed the defendant, incorrectly, that he could seek an independent chemical test only after being released, when in fact he had the statutory right to do so while still in custody.The County Court for Seward County denied the defendant’s motion to suppress the breath test results, finding that the officers had probable cause to stop the vehicle based on a traffic violation and did not hamper or prevent the defendant from obtaining an independent test. A bench trial resulted in a conviction for DUI and an open container violation. Upon appeal, the District Court for Seward County affirmed, concluding that the officer’s incorrect statement did not amount to a refusal or denial of the defendant’s statutory right to an independent test.The Nebraska Supreme Court reviewed the case and affirmed the district court’s decision. It held that the officer’s mistaken or incomplete advisement regarding the timing of the independent test did not constitute a refusal to permit such a test under Neb. Rev. Stat. § 60-6,199. The court found the officers had probable cause for the initial stop, and the defendant’s statutory and constitutional rights were not violated. The judgment of the district court was affirmed. View "State v. Weber" on Justia Law

The case involved a defendant who was convicted of possession of a firearm by a prohibited person and first-offense driving under the influence. The defendant, who had a prior felony conviction, was found driving a borrowed vehicle that became stuck on railroad tracks. Law enforcement responded, conducted DUI tests, and allowed a passenger to search the vehicle for his keys and phone due to extreme cold. During this search, an officer assisted and discovered a firearm in the center console. The prosecution also introduced Facebook messages, purportedly sent by the defendant, to establish knowing possession of the firearm.The District Court for Lancaster County denied the defendant’s motion to suppress evidence of the firearm, finding that the officer had probable cause to search the vehicle based on the odor of marijuana. The court also admitted the Facebook messages into evidence, overruling objections regarding foundation, hearsay, and the Confrontation Clause. On appeal, the Nebraska Court of Appeals affirmed the convictions, concluding that the search was constitutional under both the consent and automobile exceptions to the warrant requirement, and that the Facebook messages were properly authenticated and admissible.The Nebraska Supreme Court reviewed the case, focusing on the admissibility of the firearm and Facebook messages. The court held that the officer’s search was reasonable under the Fourth Amendment as a community caretaking function, not based on the passenger’s consent or the automobile exception. The court also held that user-generated social media records are not self-authenticating business records under Nebraska’s evidence rules, but found that the Facebook messages were sufficiently authenticated and admissible as statements by a party opponent. The court further found no Confrontation Clause violation. The judgment of the Court of Appeals affirming the convictions was affirmed. View "State v. Falcon" on Justia Law

A woman was involved in a car accident in which her passenger suffered severe injuries. She admitted to consuming alcohol and marijuana before driving, and chemical tests confirmed her blood alcohol content was above the legal limit. The passenger was hospitalized in a vegetative state and died several months after the accident. Initially, the woman was charged and convicted of driving under the influence (DUI) resulting in serious bodily injury, for which she received a sentence of incarceration, post-release supervision, and license revocation.After the passenger’s death, the State charged her with motor vehicle homicide while operating under the influence. She argued that this subsequent prosecution violated her double jeopardy rights. The District Court for Douglas County agreed and dismissed the new charge, finding the two offenses to be the same under the Blockburger v. United States test. However, the Nebraska Supreme Court, referencing Diaz v. United States, reversed that decision, holding that double jeopardy did not bar the second prosecution because the death, a necessary element of the more serious charge, had not occurred at the time of the first prosecution.On remand, the district court held a bench trial and found her guilty of motor vehicle homicide/DUI, relying on expert testimony that the collision was the proximate cause of the passenger’s death. The court sentenced her to probation, to run concurrently with any other sentence. On appeal, the Nebraska Supreme Court held that the expert testimony was admissible, the evidence was sufficient to support the conviction, and that cumulative punishment for both offenses was permitted because the legislature clearly authorized it. The court affirmed her conviction and sentence. View "State v. Lewis" on Justia Law

After the Nebraska Legislature enacted L.B. 77, which allowed concealed carry without a permit and limited local regulation of weapons, the mayor of Lincoln issued an executive order prohibiting weapons in city-owned properties. This order was quickly amended but maintained similar restrictions, including criminal and civil penalties for violations. Several longstanding city ordinances also regulated firearms and other weapons, such as prohibiting weapons in parks, requiring reporting of firearm sales, and banning certain devices and knives. The Nebraska Firearms Owners Association (NFOA) and four individual plaintiffs, all regular concealed carriers, alleged that these local measures conflicted with state law and deterred them from activities they would otherwise pursue, such as carrying firearms in parks or purchasing certain items.The plaintiffs filed suit in the District Court for Lancaster County, seeking declaratory and injunctive relief. The City moved to dismiss, arguing lack of standing. The district court dismissed the case entirely, finding that neither the NFOA nor the individuals had standing because none had been prosecuted or directly affected by enforcement of the challenged laws. The court relied on federal precedent, including Susan B. Anthony List v. Driehaus, but concluded that the plaintiffs’ alleged injuries were too speculative or abstract.On appeal, the Nebraska Supreme Court reviewed the dismissal de novo. The court held that the NFOA lacked associational standing because it failed to allege its authority to represent its members. However, the individual plaintiffs had standing to challenge the executive order and most ordinances, as they alleged a credible and imminent threat of prosecution sufficient for a preenforcement challenge. The court affirmed the dismissal as to the NFOA and the challenge to the vehicle storage ordinance, but reversed and remanded as to the individual plaintiffs’ challenges to the executive order and other ordinances. View "Nebraska Firearms Owners Assn. v. City of Lincoln" on Justia Law

Nathaniel Deckard, an inmate at the Nebraska State Penitentiary, filed a mandamus action against the Nebraska Board of Parole, alleging that the Board had a clear ministerial duty under the 1971 statutes to provide him with a parole discharge date. Deckard was convicted in 1974 of second-degree murder and sentenced to life imprisonment, with an additional 10-year sentence for escape, to be served concurrently. He was initially released on parole after 12½ years but had his parole revoked in 1995 and again in 2022. Deckard argued that under the statutes and Board practices in effect at the time of his conviction, he should have been discharged from parole after 2 to 3 years of good behavior.The district court for Lancaster County denied Deckard’s petition, finding that the Board had no clear ministerial duty to determine a parole discharge date for an inmate serving a life sentence. The court noted that the 1971 statutes provided the Board with discretion regarding parole discharge and that the 2018 statutory amendments, which introduced a mathematical formula for determining parole discharge, did not apply to life sentences as they are indefinite and cannot be quantified in numerical terms.The Nebraska Supreme Court affirmed the district court’s decision, holding that neither the 1971 nor the 2018 statutes created an absolute ministerial duty for the Board to set a mandatory parole discharge date for Deckard. The court also rejected Deckard’s ex post facto argument, concluding that the 2018 amendments did not increase his punishment or affect his parole eligibility. The court emphasized that there is no constitutional or inherent right to be conditionally released before the expiration of a valid sentence and that Deckard’s life sentence precludes a mandatory parole discharge date. View "Deckard v. Cotton" on Justia Law

During a prison riot at the Tecumseh State Correctional Institution, inmate Michael Galindo was attacked and killed by other inmates. Eric L. Ramos was identified as a primary participant in the attack and was charged with first-degree murder, use of a weapon to commit a felony, and tampering with evidence. A jury convicted Ramos of all charges.Ramos appealed, arguing several procedural and evidentiary errors. He claimed his constitutional right to a speedy trial and due process were violated due to delays caused by a mistrial and subsequent appeals. The Nebraska Supreme Court found that most of the delay was attributable to Ramos' own motions and appeals, and there was no deliberate attempt by the State to delay the trial. The court concluded that Ramos' constitutional rights were not violated.Ramos also challenged the State's peremptory strike of a Latino juror under Batson v. Kentucky, arguing it was racially motivated. The court found the State provided a race-neutral reason for the strike, which was not clearly erroneous.Ramos moved for a mistrial or a continuance after the State disclosed new evidence during his case in chief. The court found no Brady violation as the evidence was disclosed during the trial and was not material enough to change the outcome.Ramos' motion for a new trial based on newly discovered evidence and juror misconduct was denied. The court found no reasonable probability that the new evidence would have changed the trial's outcome and that the allegations of juror misconduct were unsupported.Finally, Ramos argued that the district court erred in allowing lay witness opinion evidence identifying him in surveillance footage. The court found the testimony admissible as it was rationally based on the witnesses' perceptions and helpful to the jury.The Nebraska Supreme Court affirmed the district court's decisions, finding no merit in Ramos' assignments of error. View "State v. Ramos" on Justia Law

Aldrick Scott was convicted of first-degree murder, use of a deadly weapon to commit a felony, and tampering with physical evidence after he shot and killed his former girlfriend, Cari Allen, in her home, buried her body, and disposed of other evidence. Scott claimed self-defense, stating that Allen had pulled a gun on him during an argument. However, evidence showed Scott had driven from Topeka to Omaha, where Allen lived, and waited outside her house before the incident. Scott's actions after the shooting, including disposing of Allen's body and other evidence, and fleeing to Belize, were also presented at trial.The District Court for Douglas County denied Scott's motion to suppress evidence obtained from his arrest and search by Belizean police, which included his cell phone. Scott argued that his arrest and search violated Belizean law and the extradition treaty between the United States and Belize, and that the evidence should be excluded under the Fourth Amendment. The court found that U.S. law enforcement did not substantially participate in Scott's arrest and search, and thus, the exclusionary rule did not apply.The Nebraska Supreme Court reviewed the case and affirmed the lower court's decision. The court held that the involvement of U.S. law enforcement did not amount to a joint venture with Belizean police, and thus, the Fourth Amendment's exclusionary rule did not apply. The court also found that any error in admitting the cell phone evidence was harmless, as it was cumulative of Scott's own testimony. Additionally, the court concluded that there was sufficient evidence for a rational trier of fact to find Scott guilty of all charges beyond a reasonable doubt. The court affirmed Scott's convictions and sentences. View "State v. Scott" on Justia Law