Justia Nebraska Supreme Court Opinion Summaries

In 2008, the Nebraska Legislature amended the Nebraska Clean Indoor Act to prohibit smoking in public places and places of employment. Four indoor facilities were exempted from that prohibition. Plaintiff, a corporation that operates a billiards hall, filed an action seeking a declaratory judgment that the Act was unconstitutional. Specifically, Plaintiff claimed that three exemptions from the Act violated the prohibition against special legislation. The district court concluded that the exemptions for guest rooms, tobacco retail outlets, and cigar bars were unconstitutional special legislation. The Supreme Court affirmed in part and reversed in part, holding (1) the exemptions for tobacco retail outlets and cigar bars are unconstitutional special legislation which are severable from the Act; (2) the exemption for guest rooms is not special legislation; and (3) the Act is not an unconstitutional impairment of contract or an unconstitutional regulatory taking. View "Big John's Billiards, Inc. v. State" on Justia Law

Defendant was convicted of first degree murder in connection with the shooting death of an acquaintance of Defendant. Defendant filed three motions to suppress evidence, all of which were denied. Defendant appealed the denials of his motions to suppress and argued that the evidence presented at trial was insufficient to support his conviction. The Supreme Court affirmed, holding that the trial court did not err when it (1) denied Defendant’s motion to suppress the results of the search of Defendant’s person; (2) failed to suppress evidence found at Defendant’s residence pursuant to a search warrant; (3) did not exclude expert testimony and exhibits concerning the ShotSpotter system, which detected the location of the shots fired the night of the murder; and (4) found the evidence presented at trial was sufficient to support Defendant’s conviction. View "State v. Hill" on Justia Law

In 2013, Francisco Rodriguez moved to withdraw his guilty plea and to vacate his 2004 conviction for attempted possession of a controlled substance (Class I misdemeanor). He argued that before entering a guilty plea in the 2004 proceedings, he did not receive the proper advisement under Neb. Rev. Stat. 29-1819.02(1) (Reissue 2008), and that he currently faced immigration consequences from the resulting conviction. Because Rodriguez moved to withdraw his plea after he had completed his sentence of 2 years’ probation, the district court concluded that it did not have subject matter jurisdiction. The Supreme Court concluded that the court did have jurisdiction, and reversed and remanded the case for further proceedings. View "Nebraska v. Rodriguez" on Justia Law

Appellant Angelo Tolbert was convicted of first degree murder, first degree assault, and two counts of use of a deadly weapon to commit a felony. He was sentenced to life imprisonment on the murder count and 40 to 50 years’ imprisonment on each of the other three counts, to be served consecutively. Tolbert appealed, arguing: (1) there was insufficient evidence to support his convictions; (2) the sentences imposed were excessive; and (3) the district court erred in denying his motion for new trial. Finding no reversible error, the Supreme Court affirmed. View "Nebraska v. Tolbert" on Justia Law

Appellant was convicted of first degree murder, kidnapping, and first degree sexual assault on a child. Appellant was sentenced to death on the murder conviction. The Supreme Court affirmed the convictions and sentences on appeal. Appellant filed a petition for postconviction relief, which the district court denied. Appellant then filed a second postconviction petition and sought relief under the common-law writ of error coram nobis. The district court denied postconviction relief, concluding that Appellant failed to raise any ground for relief not previously available to him. The Supreme Court affirmed, holding (1) Appellant’s postconviction claims were procedurally barred because they were or could have been litigated on direct appeal or in his previous postconviction petition; and (2) Appellant failed to raise any basis warranting coram nobis relief. View "State v. Hessler" on Justia Law

Beginning in 1974, Douglas County’s retired employees paid the same amount as active employees for health insurance coverage. In 2009, the County Board of Commissioners adopted a resolution that charged retirees premiums that were higher than the rate paid by active employees. Shortly before the change was to take effect, retired employees of the County (Plaintiffs) sued the County. The district court entered judgment in favor of Plaintiffs, concluding that equitable estoppel prohibited the County from increasing the premiums to be paid by the retirees above those paid by active employees. The Supreme Court reversed, holding that because the retirees had no contractual right to pay the same premiums as active employees, the district court erred in using equitable estoppel to create such a contractual obligation. Remanded with direction to enter judgment for the County on Plaintiffs’ claims. View "Christiansen v. County of Douglas" on Justia Law

At issue in this case was the Legislature’s amendments to anti-attachment statutes to allow a civil judgment to attach to the distributed retirement assets of State Patrol officers and other public employees who have committed any of six specified crimes. Appellant was a retired State Patrol Officer who was convicted of one of the specified crimes, first degree sexual assault of a child. J.M., the victim’s guardian and conservator, sued Appellant on the victim’s behalf and obtained a civil judgment against Appellant. J.M. subsequently attempted to obtain an order in aid of execution. Appellant challenged the constitutionality of the amendment. The district court concluded that the amendment was unconstitutional as special legislation and dismissed J.M.’s motion. The Supreme Court affirmed, holding that the district court correctly determined that the amendment constitutes special legislation. View "J.M. v. Hobbs" on Justia Law

After a jury trial, Appellant was convicted of first degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a felon. The Supreme Court affirmed the convictions and sentences on appeal. Appellant subsequently filed a motion for postconviction relief, making numerous claims of ineffective assistance of trial counsel. After an evidentiary hearing, the district court denied the motion. The Supreme Court affirmed, holding that the district court did not err when it concluded that Appellant’s claims were without merit and denied his motion for postconviction relief. View "State v. Robinson" on Justia Law

The lead investigator for a law enforcement agency applied for and received a search warrant to search three computers Defendant owned for child pornography. Defendant admitted to the investigator to downloading and viewing child pornography and subsequently deleting the child pornography computer files. However, a forensic examination revealed remnants on Defendant’s hard drive. After a bench trial, Defendant was found guilty of knowingly possessing child pornography. Defendant appealed the denial of his motion to suppress the evidence resulting from the earlier search and seizure. The Supreme Court affirmed the conviction, holding (1) the investigator’s failure to explain in his affidavit that dynamic Internet Protocol (IP) addresses can change did not affect the probable cause determination; and (2) the evidence was sufficient to support the conviction. View "State v. Schuller" on Justia Law

In 2006, Appellant pled guilty to second degree murder. The district court sentenced Appellant to a term of imprisonment of fifty years to life. In 2012, Appellant filed a pro se petition for postconviction relief, alleging that his sentence was excessive and that he was denied the effective assistance of counsel in connection with his sentencing. The district court dismissed the motion without an evidentiary hearing. The Supreme Court affirmed, holding that the district court did not err when it determined that Appellant’s motion for postconviction relief did not allege facts which constituted a denial of his constitutional rights, and that as to certain matters, the record refuted Appellant’s claims. View "State v. Dragon" on Justia Law