Justia Nebraska Supreme Court Opinion Summaries

In this challenge to an initiative petition seeking to expand Medicaid coverage the Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Defendants, the named sponsors of the petition and the Secretary of State, holding that Appellants’ statutory and constitutional arguments were unavailing.Appellants sought to invalidate an initiative petition that received enough signatures to be placed on the November 2018 ballot. The district dismissed the complaint with prejudice. The Supreme Court affirmed, holding that the district court did not err by (1) dismissing as unripe and failing to find merit to Appellant’s claims that the ballot measure was an unconstitutional delegation of legislative authority and did not meet the statutory criteria for appropriations; (2) finding that the initiative did not violate the single subject rule; and (3) excluding a challenged exhibit from the evidence. View "Christensen v. Gale" on Justia Law

In this action seeking to collect amounts Plaintiff claimed were due on personal guaranties, the Supreme Court affirmed the judgment of the district court entering judgment on a jury verdict in favor of Plaintiff for the full amount sought, holding that there was no reversible error in the proceedings below.Specifically, the Supreme Court held (1) the district court did not err in granting Plaintiff’s motion for a directed verdict on certain affirmative defenses raised by Defendants; (2) there was no error or abuse of discretion in the jury instructions or in the admission of evidence concerning Defendants’ personal finances; and (3) the district court did not err in failing to grant Defendants’ motion for new trial based on the directed verdict and the admission of financial statements. View "Lindsay International Sales & Service, LLC v. Wegener" on Justia Law

The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Regional West Medical Center and dismissing Plaintiff’s complaint alleging retaliatory discharge and employment discrimination, holding that there was no error in the proceedings below.Specifically, the Court held (1) the district court did not err in finding that Plaintiff’s discrimination claims were barred by the relevant statute of limitations; and (2) the district court did not err in dismissing Plaintiff’s retaliation claim on the basis that there was no evidence to support a finding that Plaintiff’s termination was retaliatory. View "Brown v. Regional West Medical Center" on Justia Law

The Supreme Court affirmed the judgment of the district court denying Appellant postconviction relief without conducting an evidentiary hearing, holding that the district court properly denied relief and without holding an evidentiary hearing.Appellant was convicted of first degree murder and other crimes. Appellant later filed a motion for postconviction relief, alleging claims of trial court error, prosecutorial misconduct, ineffective assistance of trial counsel, and ineffective assistance of appellate counsel. The district court denied relief. The Supreme Court affirmed, holding that the district court did not err in (1) failing to find trial counsel deficiency violated the Nebraska and United States Constitutions; (2) failing to grant Appellant postconviction relief; (3) failing to find Defendant was prejudiced by trial counsel’s performance; (4) failing to find Appellant was prejudiced by appellate counsel’s performance; and (5) denying Appellant an evidentiary hearing. View "State v. Foster" on Justia Law

The Supreme Court affirmed the order of the district court that modified Father’s child support obligation to Mother, holding that the district court did not err in the calculation of child support.In the parties’ divorce decree, Mother was granted physical custody of the parties three children, subject to Father’s parenting time, and Father was ordered to pay child support in the amount of $950 per month. Father later filed a complaint seeking modification of custody with respect to the parties’ middle child and a reduction in his child support obligation due to the change in custody. The district court awarded physical custody of the child to Father and modified child support accordingly. The Supreme Court affirmed, holding that the child support order was not a judicial abuse of discretion. View "Armknecht v. Armknecht" on Justia Law

The Supreme Court reversed the decision of the Court of Appeals reversing the decision of the district court quieting title to certain property in favor of Vandelay Investments, LLC and dismissing Plaintiff’s complaint, holding that the record did not support providing Plaintiff with a remedy he was not statutorily entitled to.Plaintiff’s complaint requested that the court set aside Vandelay’s tax deed and permit him to exercise a right of redemption. The district court dismissed Plaintiff’s complaint with prejudice and quieted title in favor of Vandelay. The Court of Appeals reversed and remanded, determining that Vandelay had failed to comply with statutory notice requirements before applying for the tax deed, rending its deed void. The Supreme Court reversed, holding (1) Vandelay complied with the statutory notice requirements before applying for the tax deed; and (2) Plaintiff failed to prove that the extension to the statutory redemption period for an owner with a mental disorder applied. View "Wisner v. Vandelay Investments, LLC" on Justia Law

The Supreme Court affirmed in part and reversed in part the district court’s denial of Appellant’s motion for postconviction relief without conducting an evidentiary hearing, holding that Appellant was entitled to an evidentiary hearing on his claims that trial counsel failed to file notice of and present evidence of his alibi defense and failed to investigate information regarding potential suspects.Defendant was convicted of two counts of first degree murder and other crimes. After his convictions and sentences were affirmed on direct appeal, Defendant moved for postconviction relief, raising claims of ineffective assistance of counsel and a claim of actual innocence. The district court denied the motion without an evidentiary hearing. The Supreme Court reversed in part, holding that Defendant was entitled to an evidentiary hearing on his claims relating to his alibi defense and the failure to investigate information related to potential suspects. View "State v. Stricklin" on Justia Law

The Supreme Court affirmed in part and reversed in part the district court’s denial of Appellant’s motion for postconviction relief without conducting an evidentiary hearing, holding that the district court erred in denying Appellant an evidentiary hearing on his claim that trial counsel was ineffective for failing to investigate and present certain alibi evidence.Appellant was found guilty of two counts of first degree murder and other crimes. In his motion for postconviction relief, Appellant raised claims of ineffective assistance of counsel and a claim of actual innocence. The district court denied the postconviction motion without an evidentiary hearing. The Supreme Court reversed in part and remanded for an evidentiary hearing limited to Defendant’s claim relating to his alibi defense and otherwise affirmed. View "State v. Newman" on Justia Law

The Supreme Court affirmed the judgment of the district court convicting Defendant of two counts of sexual assault of a child in the first degree and other crimes and sentencing Defendant to consecutive terms totaling between 180 years’ to life imprisonment, holding that there was no error in the proceedings below requiring reversal.Specifically, the Court held that the district court (1) did not err in refusing to give Defendant’s proposed jury instruction on sex trafficking of a minor; (2) did not abuse its discretion in overruling Defendant’s motions for mistrial and in overruling his evidentiary objections; and (3) did not abuse its discretion in sentencing Defendant. View "State v. Swindle" on Justia Law

The Supreme Court affirmed the judgment of the district court ruling in favor of Plaintiff on his claim that Defendants failed to pay him for work he performed on their residence, holding that there was no merit to Defendants’ assignments of error on appeal.Specifically, the Court held (1) the district court did not err in finding that Plaintiff was entitled to recover under the theory of unjust enrichment when a contract existed between the parties and Plaintiff had a statutory remedy of foreclosure on his construction lien; (2) there was evidence to support the unjust enrichment recovery; and (3) the district court did not err in denying Defendants’ motion to transfer venue. View "Bloedorn Lumber Co. v. Nielson" on Justia Law