Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court affirmed the decree of dissolution entered by the district, holding that there was no abuse of discretion in either the amount or duration of the alimony award.The district court entered a decree of dissolution that ordered Husband to pay Wife alimony of $2,500 per month for ten years. Husband appealed, challenging the alimony award. The Supreme Court affirmed, holding (1) the district court had ample evidence from which to conclude that Husband’s income and earning potential were sufficient to support a monthly alimony award of $2,500; and (2) given the length of the parties’ marriage, the ages of their minor children, and Wife’s chronic medical conditions and high medication costs, the trial court did not abuse its discretion in ordering alimony for a period of ten years. View "Wiedel v. Wiedel" on Justia Law

The Supreme Court dismissed Appellant’s appeal from an order dismissing his amended complaint alleging that the conditions at the Nebraska State Penitentiary (NSP) violate his rights under Nebraska law and that his claims are representative of all inmates housed in the segregation units at the NSP, holding that this matter was moot.Appellant sued the Nebraska Department of Correctional Services (DCS), its director, and other officials and employees of the DCS, asserting that prison officials violate his rights when they place another prisoner in his “medically designed one-man segregation single-cell,” which disturbs his circadian rhythm. The district court dismissed the amended complaint for failing to state a cause of action. The Supreme Court dismissed Appellant’s appeal, holding that because Appellant no longer resided at the NSP, this matter was moot. View "Nesbitt v. Frakes" on Justia Law

The Supreme Court affirmed the district court’s grant of Defendant’s motion to transfer his case to juvenile court.Defendant was seventeen years old when he was charged with multiple felonies. The district court sustained Defendant’s motion to transfer the case to juvenile court. The State appealed. The Supreme Court affirmed, holding that the district court did not abuse its discretion in transferring the matter to juvenile court because (1) the State failed to meet its burden to show that a sound basis existed for retaining the matter in district court; (2) district the court sufficiently made the required findings pursuant to Neb. Rev. Stat. 435-276; and (3) any error in the court’s deciding of the motion to transfer without first reading and considering police reports related to the investigation of the crimes charged was harmless. View "State v. Tyler P." on Justia Law

The Supreme Court reversed the decision of the district court dismissing Appellants’ claim seeking damages for breach of contract, breach of warranty, and fraudulent misrepresentation after discovering hail damage to the roof of a real property they were under contract to purchase from Appellees. The district court dismissed the complaint with prejudice and without leave to amend, concluding that the damage was reasonably ascertainable by Appellants. In reversing, the Supreme court held that the district court erred when it granted Appellees’ motion to dismiss for failure to state a claim because Appellants alleged sufficient facts to state claims that were plausible on their face. View "Burklund v. Fuehrer" on Justia Law

The Supreme Court affirmed the order of the Tax Equalization and Review Commission (TERC) affirming the valuations of certain grassland properties owned by the Betty L. Green Living Trust and the Richard R. Green Living Trust (the Trusts) that had been established by the county assessor and approved by the county board of equalization (the Board).In its decision, TERC concluded that the Trusts did not present competent evidence to rebut the presumption that the Board faithfully performed its duties and had sufficient competent evidence to make its determinations. The Supreme Court affirmed TERC’s order, holding that TERC’s decision conformed to the law, was supported by competent evidence, and was neither arbitrary, capricious, nor unreasonable. View "Betty L. Green Living Trust v. Morrill County Board of Equalization" on Justia Law

The Supreme Court affirmed Defendant’s convictions for first degree murder, use of a firearm to commit a felony, and possession of a firearm by a prohibited person, thus rejecting Defendant’s assignments of error.Specifically, the Court held that the district court did not err in (1) admitting the video of Defendant’s interview with law enforcement officials because, where there was no police coercion and Defendant did not unequivocally invoke the right to remain silent, Defendant’s confession was voluntary; (2) not redacting various statements made in an interview pursuant to Neb. R. Evid. 401 to 403; and (3) overruling Defendant’s motion for mistrial based on statements made by the prosecution in closing arguments because, while the prosecuting attorney made several inappropriate statements, Defendant’s right to a fair trial was not prejudiced. View "State v. Hernandez" on Justia Law

A determination that a defendant is subject to the Sex Offender Registration Act (SORA) must be reviewed on direct appeal from the underlying conviction and sentence, and such a determination is not subject to an impermissible collateral attack in subsequent proceedings.Defendant was convicted of violating SORA’s registration requirement. On appeal, Defendant argued that the State failed to prove he was subject to SORA’s requirements because it failed to present evidence that, during the proceedings for a previous conviction and sentence, the county court had made a factual finding pursuant to Neb. Rev. Stat. 29-4003(1)(b)(i)(B). The court of appeals affirmed Defendant’s conviction, determining that the determination in the previous proceedings that Defendant was subject to SORA was valid because it was based on an implied factual finding pursuant to section 29-4003(1)(b)(i)(B). The Supreme Court affirmed, holding (1) the court of appeals erred in analyzing whether the determination in the previous proceedings was valid; but (2) this Court’s ultimate conclusion on the judgment was the same as that of the court of appeals. View "State v. Ratumaimuri" on Justia Law

The Supreme Court reinstated Defendant conviction and related sentence for operating a motor vehicle while under the influence of alcohol, holding that the district court improperly vacated Defendant’s conviction and sentence based on a police officer’s mistake of law regarding a driving statute and on one of this Court’s decisions, State v. Au, Neb. Rev. Stat. 60-6,224(2) (2010).The Supreme Court held (1) notwithstanding the officer’s incorrect view of the law, when probable cause exists for a stop based on an objective view of the facts known to the officer, the stop does not offend the Constitution; and (2) because Defendant was not placed legally in jeopardy by the district court sitting as an appellate court, Neb. Rev. Stat. 29-2316 does not prevent this Court from reversing the district court’s decision with directions to reinstate Defendant’s conviction. View "State v. Thalken" on Justia Law

Tina E., the biological aunt and adoptive sister of the father of Joseph C., lacked standing to appeal the juvenile court’s order ruling that Joseph’s placement with his nonrelative foster parents and permanency through adoption by them was in his best interests.On appeal, Tina argued that the juvenile court erred in changing the permanency objective from reunification with her to adoption by the foster parents and in failing to change Joseph’s placement from the foster parents to Tina. The Supreme Court dismissed the appeal, holding that Tina was not entitled to the statutory right to appeal delineated in Neb. Rev. Stat. 43-2,106.01(2). View "In re Interest of Joseph C." on Justia Law

The Supreme Court affirmed the juvenile court’s order adjudicating Kane L. and reversed the juvenile court’s order declining to adjudicate Carter L. after Kane and Carter were removed from their family home as a result of methamphetamine use by their parents. .The Court held (1) the county showed an evidentiary nexus between the use of methamphetamine and a risk of harm that would support adjudication, and therefore, the juvenile court did not err in adjudicating Kane; and (2) it was error not to adjudicate Carter because Carter was exposed to the same threat of present harm as Kane. View "In re Interest of Kane L." on Justia Law