Justia Nebraska Supreme Court Opinion Summaries

Appellant was charged with four crimes in connection with certain financial dealings. A jury heard his case, and after deliberating for three days, the jury reported that it was deadlocked. The district court sustained Appellant’s motion for a mistrial. Later, Appellant discovered that the jury had voted unanimously during deliberations to acquit him on three of the four charges but erroneously thought it had to reach a unanimous verdict on all charges. Appellant filed a motion for a judgment of acquittal and then a plea in bar. The district court overruled the motion and the plea in bar. The Supreme Court affirmed the district court’s order overruling Appellant’s plea in bar, holding that the Double Jeopardy Clause of the United States Constitution does not bar Appellant’s retrial after his first trial ended in a mistrial, which was granted at Appellant’s request. View "State v. Combs" on Justia Law

The Supreme Court affirmed the judgment of the trial court finding Appellant guilty of premeditated first degree murder and sentencing him to life imprisonment. The court held (1) the trial court erred in admitting evidence of Appellant’s letter to a witness warning the witness not to “lie” at Appellant’s trial because the court did not comply with the procedural requirements for admitting such evidence under Neb. R. Evid. 404(2); (2) however, because the State’s other evidence of Appellant’s guilt was overwhelming, the court’s error was harmless beyond a reasonable doubt; and (3) Defendant’s remaining assignments of error were without merit. View "State v. Burries" on Justia Law

The Supreme Court affirmed the judgment of the trial court finding Appellant guilty of premeditated first degree murder and sentencing him to life imprisonment. The court held (1) the trial court erred in admitting evidence of Appellant’s letter to a witness warning the witness not to “lie” at Appellant’s trial because the court did not comply with the procedural requirements for admitting such evidence under Neb. R. Evid. 404(2); (2) however, because the State’s other evidence of Appellant’s guilt was overwhelming, the court’s error was harmless beyond a reasonable doubt; and (3) Defendant’s remaining assignments of error were without merit. View "State v. Burries" on Justia Law

The Supreme Court reversed the district court’s conclusion that, in this construction dispute, the express terms of a subcontract did not bind the subcontractor to the dispute resolution process within the general contract, and therefore, there was no arbitration agreement between the subcontractor and the project’s owner and general contractor. The Supreme Court held that the owner and general contractor’s motion to compel arbitration in the manner provided for in the general contract should have been sustained because the subcontract included a mutually agreed-to arbitration clause governed by the Federal Arbitration Act, and the subcontractor’s claims were governed by the clause. The court remanded with directions that the court stay the action and compel arbitration pursuant to the agreement. View "Frohberg Electric Co. v. Grossenburg Implement, Inc." on Justia Law

J.S., a student at a middle school, was suspended for fifteen days for a post made on a social media website that caused a substantial disruption at her school. J.S. requested an administrative hearing to contest her removal. The superintendent and board of education each upheld J.S.’s suspension. J.S. filed a petition with the district court to appeal the board’s decision. The district court affirmed, concluding that the suspension did not exceed the authority provided by Neb. Rev. Stat. 79-264 and 79-267. J.S. appealed. The Supreme Court dismissed the appeal for lack of jurisdiction, holding that J.S. failed to seek district court review in the mode and manner provided by statute, and therefore, the district court lacked subject matter jurisdiction under the Student Discipline Act. As a result, the district court’s decision was void. View "J.S. v. Grand Island Public Schools" on Justia Law

The Supreme Court reversed the dismissal of Appellant’s complaint against American Standard Insurance Company of Wisconsin claiming wrongful denial of coverage. American Standard denied underinsured coverage to Appellant, who was in a motorcycle-motor vehicle accident, asserting that Appellant’s motorcycle insurance policy had been canceled prior to the accident. The district court granted partial summary judgment for American Standard. The Supreme Court reversed, holding that the district court erred when it found that American Standard sent a cancellation notice to Appellant by certified mail in compliance with Neb. Rev. Stat. 44-516, and therefore, American Standard was not entitled to judgment as a matter of law. View "Barnes v. American Standard Insurance Co. of Wisconsin" on Justia Law

Plaintiffs filed a complaint against William McCoy using the pseudonyms “Jane Doe” and “John Doe.” Plaintiffs alleged that McCoy had sexually abused “Jane Doe” while she was a minor and that John Doe, who later married her, suffered a loss of consortium as a result of McCoy’s alleged sexual abuse of Jane Doe. The district court granted the motion to dismiss on the grounds that the action was time barred under the applicable statutes of limitations and that the complaint was not brought in the real names of the parties in interest. The Supreme Court affirmed on the basis that the action was barred by the applicable statutes of limitations. View "Doe v. McCoy" on Justia Law

The Supreme Court affirmed the judgment of the district court concluding that property owned by Steven and Sara Colford was not subject to the neighboring subdivision’s restrictive covenants by virtue of the doctrine of implied reciprocal negative servitudes. Gary and Denise Walters and three other individuals (collectively, Plaintiffs) lived in a platted subdivision known as the Adamy subdivision. Plaintiffs filed suit against the Colfords and Daniel Adamy alleging that the Colford property was expressly subject to the Adamy subdivision restrictive covenants. The district court granted summary judgment for the Colfords. The Supreme Court affirmed the district court’s grant of summary judgment for the Colfords, holding that the Colford property was not subject to the Adamy subdivision restrictions through the doctrine of implied reciprocal negative servitudes. View "Walters v. Colford" on Justia Law

The Supreme Court affirmed Defendant’s conviction for first degree sexual assault of a child under twelve years of age, holding in part that the trial court properly admitted hearsay evidence under the medical diagnosis and treatment exception, Neb. R. Evid. 803(3). Specifically, the court held (1) under the circumstances, the hearsay evidence was properly admitted as evidence under the medical diagnosis and treatment hearsay exception; (2) Defendant’s trial counsel did not provide ineffective assistance under Strickland v. Washington, 466 U.S. 668 (1984); and (3) there was sufficient evidence for a rational jury to find beyond a reasonable doubt that Defendant was guilty of first degree sexual assault of child under twelve years of age. View "State v. Jedlicka" on Justia Law

The Supreme Court affirmed the denial of Defendant’s motion to suppress evidence seized during the detention and search of a vehicle in which she was a passenger, as well as the sentence imposed for Defendant’s possession of a controlled substance conviction. In regard to her motion to suppress, Defendant argued that the initial encounter with the lead law enforcement officer amounted to a seizure when she was detained after the officer determined that the wanted individual was not in the vehicle and that the investigatory stop was not supported by reasonable suspicion. The Supreme Court held (1) the lead officer had reasonable suspicion of illegal activity to justify the detention of the vehicle’s passengers after the officer determined that the wanted individual was not in the vehicle; and (2) the sentence imposed did not constitute an abuse of discretion. View "State v. Rogers" on Justia Law