Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court vacated the order of the separate juvenile court of Douglas County extending a juvenile’s term of probation and imposing additional community service, holding that the court did not follow applicable statutory procedures and thereby exceeded its statutory authority.The State moved to revoke probation after the juvenile, who was on probation pursuant to a previous adjudication, allegedly committed a new offense. When the juvenile entered a denial to the new charge, however, the State withdrew its motion. The juvenile court nonetheless extended the term of probation and imposed additional community service. The Supreme Court vacated the order and remanded the cause for further proceedings, holding that the juvenile court exceeded its statutory authority in changing the terms of the juvenile’s probation. View "In re Interest of Josue G." on Justia Law

The Supreme Court affirmed the district court’s denial of Appellant’s motion for forensic DNA testing pursuant to Nebraska DNA Testing Act, thus rejecting Appellant’s assignments of error.Appellant was convicted of kidnapping, use of a firearm to commit kidnapping, and conspiracy to commit kidnapping. Two years later, Appellant filed his motion for forensic DNA testing. The district court denied the motion, finding that the items Appellant wanted to test were no longer in the State’s possession and had been destroyed before the motion was filed. The Supreme Court affirmed, holding that the district court did not err in finding that the State did not destroy evidence in bad faith or in violation of Appellant’s due process rights under the United States Constitution. View "State v. Betancourt-Garcia" on Justia Law

The Supreme Court affirmed the judgment of the district court denying Appellant’s motion for postconviction relief following an evidentiary hearing.Appellant was convicted of second degree murder under a theory of aiding and abetting, among other crimes. The Supreme Court affirmed the convictions and sentences on direct appeal. Appellant then filed a timely motion for postconviction relief alleging that his trial counsel was ineffective in several respects. The district court denied the motion. The Supreme Court affirmed, holding (1) the district court did not err in failing to find that Appellant’s trial counsel and appellate counsel were ineffective; (2) the trial court did not err in failing to make rulings on certain claims raised in Appellant’s postconviction motion; and (3) Appellant’s argument that postconviction counsel provided effective assistance at the evidentiary hearing was without merit. View "State v. McGuire" on Justia Law

The Supreme Court affirmed the decision of the district court affirming a school board’s cancellation of the contract of a certificated employee after holding a formal hearing, thus rejecting the employee’s arguments regarding notice and due process in addition to his challenges to the merits of the cancellation. Specifically, the Court held (1) the school board’s notice regarding a hearing on whether to cancel the employee’s employment contract was proper; (2) the school board’s use of an attorney to preside over the employee’s hearing was not improper; (3) the school board was impartial; (4) the admission of evidence related to the employee’s conduct outside the contract period was admissible; and (5) there was sufficient evidence to support the cancellation of the employee’s contract. View "Robinson v. Morrill County School District #63" on Justia Law

In these three consolidated appeals from district court orders in the proceeding for the dissolution of the parties’ marriage, Wallace McCullough appealed an order of contempt for failing to make childcare and property division equalization payments, an order of contempt for failing to pay child support, and an order setting the amount of a supersedeas bond. The Supreme Court (1) dismissed for lack of jurisdiction the appeal of the order regarding the amount of the supersedeas bond, holding that the order was not separately appealable; and (2) affirmed the district court’s orders in the two other appeals, thus rejecting Wallace’s assignments of error. View "McCullough v. McCullough" on Justia Law

The Supreme Court reversed the decision of the Nebraska Workers’ Compensation Court sustaining Appellant’s motion for summary judgment insofar as it awarded her benefits for two scheduled injuries but denied her claim that she was permanently and totally disabled. The Court held (1) there was no merit to Appellant’s first assignment of error that Appellant’s employer admitted, through its responses to Appellant’s requests for admission, that Appellant was permanently and totally disabled; but (2) the trial court erred in weighing the evidence in the summary judgment matter and concluding that Appellant was not permanently and totally disabled. View "Wynne v. Menard, Inc." on Justia Law

The Supreme Court affirmed the district court’s dismissal of a motion for postconviction relief without an evidentiary hearing or the appointment of counsel on the basis that the motion was filed outside the one-year limitations period set forth in Neb. Rev. Stat. 29-3001.Defendant was convicted of robbery and possession of a deadly weapon by a felon. The Supreme Court affirmed the convictions and sentences. Defendant later filed a motion for postconviction relief alleging four claims for relief. The district court dismissed the motion, finding that the motion was filed outside the one-year limitations period. The Supreme Court affirmed, holding that the district court did not err in failing to grant an evidentiary hearing, appoint counsel, and grant postconviction relief where the motion for postconviction relief was outside the one-year limitations period set forth in section 29-3001(4)(e). View "State v. Epp" on Justia Law

The Supreme Court affirmed Defendant’s jury convictions and sentences for first degree murder, use of a deadly weapon to commit a felony, possession of a deadly weapon by a prohibited person, and possession of a controlled substance. The Court held that the trial court did not err in (1) denying Defendant’s motion to sever count IV from the amended information, (2) finding that Defendant’s conviction of first degree murder was supported by competent evidence; and (3) denying Defendant’s motion for new trial based on prosecutorial misconduct. Further, trial counsel did not provide ineffective assistance. View "State v. Cotton" on Justia Law

The Supreme Court affirmed the ruling of the court of appeals that the State failed to prove beyond a reasonable doubt that K.M. committed first degree sexual assault under Neb. Rev. Stat. 28-319.The separate juvenile court adjudicated K.M. as being a juvenile who committed an act that would constitute a felony by committing first degree sexual assault based on the victim’s lack of capacity. The court of appeals concluded that the juvenile court erred in finding that K.M. subjected the victim to sexual penetration because the State failed to prove that K.M. knew or should have known that the victim was mentally or physically incapable of resisting or appraising the nature of his conduct. The Supreme Court affirmed, holding that the State failed to prove that the victim actually lacked the capacity to consent. View "In re Interest of K.M." on Justia Law

The Supreme Court affirmed the determination of the county court that Plaintiff, personal representative of the estate of Richard A. Hasterlik and an individual beneficiary, did not qualify for preferential inheritance tax treatment under Neb. Rev. Stat. 77-2004 on the ground that Plaintiff failed to prove that the decedent stood in the acknowledged relation of a parent to her.On appeal, Plaintiff argued that the county court erred in finding that the evidence did not establish that Plaintiff was a person to whom the deceased, for more than ten years prior to his death, stood in the acknowledged relation of a parent. The Supreme Court affirmed, holding that the county court’s factual determination was not clearly wrong. View "In re Estate of Hasterlik" on Justia Law