Justia Nebraska Supreme Court Opinion Summaries

The maternal grandparents and guardians of Child (together, Grandparents) filed a petition to adopt Child, alleging that Mother had consented to the adoption, that Father had abandoned Child, and that terminating Mother’s and Father’s parental rights was in Child’s best interests. Father, a non-Indian, answered, alleging that Child was an “Indian child” under the federal Indian Child Welfare Act (ICWA) and the Nebraska Indian Child Welfare Act (NICWA). Neither party disputed that Child met the definition of “Indian child” under those acts. The county court applied both acts, which provide heightened protection to the rights of parents and tribes in proceedings involving adoption of Indian children. Following a hearing, the county court denied the petition because it was unable to find beyond a reasonable doubt that Father had abandoned Child. The Supreme Court reversed, holding (1) although the ICWA and NICWA apply to this adoption proceeding, not every provision of ICWA and NICWA applies to a non-Indian parent; (2) the county court erred in applying a higher standard of proof to the abandonment element of the NICWA; and (3) the county court erred in finding that Grandparents were not required to show “active efforts” had been made to unite Father and Child. View "In re Adoption of Micah H." on Justia Law

The State filed a petition in juvenile court alleging that sixteen-year-old Tyrone K. committed four counts of theft by receiving stolen property and one count of operating a motor vehicle to avoid arrest. The prosecutor moved to transfer the proceedings to criminal court. The juvenile court granted the motion to transfer after conducting an evidentiary hearing. Tyrone appealed, arguing that there was insufficient evidence for the juvenile court to transfer his case to criminal court. The Supreme Court dismissed the appeal, holding that the transfer order from which Tyrone appealed was not a final order. View "In re Interest of Tyrone K." on Justia Law

After a jury trial, Defendant was convicted of kidnapping, use of a firearm to commit kidnapping, and conspiracy to commit kidnapping. The district court sentenced Defendant to life imprisonment for the kidnapping conviction and ten to thirty years for the use of a weapon to commit a felony conviction, to be served consecutively. The court sentenced Defendant to thirty to fifty years’ imprisonment on the conspiracy conviction, to be served concurrently with the other sentences. The Supreme Court affirmed in part and vacated in part, holding (1) the district court did not err in overruling Defendant’s motion to quash, in overruling Defendant’s motion for directed verdict, and in sentencing Defendant for kidnapping; (2) Defendant did not receive ineffective assistance of counsel; but (3) the trial court plainly erred in sentencing Defendant for the conspiracy conviction. Remanded with directions to resentence Defendant to life imprisonment for the conspiracy conviction. View "State v. Betancourt-Garcia" on Justia Law

The juvenile court adjudicated twin brothers LeVanta S. and LeRonn S. under Neb. Rev. Stat. 43-247(3)(c) as mentally ill and dangerous. The brother were placed in out-of-home care. The juvenile court later changed the brothers’ permanency objective from family reunification to guardianship. Mother and Father appealed from this order in both cases. The Supreme Court reversed, holding (1) the juvenile court’s order affected a substantial right of the parents, and therefore, the order was a final, appealable order; and (2) the juvenile court exceeded its authority by adopting the permanency plan of guardianship in these cases where there had been no adjudication under Neb. Rev. Stat. 43-247(3)(a). Remanded. View "In re Interest of LeVanta S." on Justia Law

Defendants in these two cases both pled no contest to the refusal of a chemical test, with three prior convictions for driving under the influence (DUI), under Neb. Rev. Stat. 60-6,197 and Neb. Rev. Stat. 60-6,197.03(8). In both cases, the pleas were accepted and Defendants were found guilty. Defendants filed pleas in bar and motions to quash alleging that application of section 60-6,197.03(8) was inappropriate because the “current violation” referred to therein must mean a current DUI violation and not a refusal violation. The courts denied the motions. The Supreme Court affirmed, holding that, contrary to Defendants’ arguments, section 60-6,197.03(8) applies both to persons who violated the DUI statute, section 60-6,196 and to persons who violated the refusal statute, section 60-6,197. View "State v. Wagner" on Justia Law

Appellants were the adoptive parents of Katherine, who was an older sibling of Nettie, the child who was the subject of this juvenile dependency proceeding. Appellants filed a complaint seeking to intervene on Katherine’s behalf to seek guardianship or adoption of Nettie. The court ultimately limited Nettie’s foster parents and Appellants to presenting evidence on their own qualifications to be Nettie’s adoptive parents. The juvenile court determined, after a hearing, that Nettie’s foster parents and Appellants were equally qualified to be foster parents but that it was in Nettie’s best interests to be placed with her foster parents because a joint-sibling placement with Appellants would be contrary to Nettie’s safety and well being. Appellants appealed. The Supreme Court dismissed the appeal, holding that Appellants had no right to appeal the court’s order on Katherine’s behalf, and therefore, the Supreme Court had no jurisdiction over Appellants’ purported appeal. View "In re Interest of Nettie F." on Justia Law

The State filed an amended petition seeking to adjudicate five children under Neb. Rev. Stat. 43-247(3)(a). At the beginning of the adjudication hearing, the State moved to dismiss without prejudice two factual allegations of the petition. The court dismissed the two allegations with prejudice. The State appealed. The Supreme Court affirmed the order as modified, holding that because the State sought dismissal of the factual allegations before any evidence was presented and before the children’s parents entered their admissions to certain counts, the juvenile court erred in ordering the dismissal to be with prejudice. View "In re Interest of Antonio J." on Justia Law

After a hearing, the Mental Health Board of the Fourth Judicial District found that L.T. was a dangerous sex offender under Sex Offender Commitment Act and that inpatient treatment was the least restrictive alternative for him. On appeal, the district court concluded that there was insufficient evidence to support the Board’s determination and that there was clear and convincing evidence that L.T. could be treated on an outpatient basis. The district court then ordered L.T. unconditionally discharged from commitment as a dangerous sex offender. The State sought to appeal the district court’s order pursuant to Neb. Rev. Stat. 71-1214. L.T. filed a motion to dismiss the appeal, asserting that the State did not follow the proper appeal procedure and, therefore, failed to perfect its appeal. The Supreme Court agreed and dismissed the appeal, holding that the State failed to perfect an appeal under section 71-1214 and Neb. Rev. Stat. 25-1912. View "In re Interest of L.T." on Justia Law

Defendant was convicted of intentional child abuse resulting in death and intentional child abuse resulting in serious bodily injury in connection with the death of his two-year-old grandson. On Defendant’s first appeal, the Supreme Court reversed the convictions and remanded the cause for a new trial. On retrial, Defendant was again convicted of the crimes. The Supreme Court affirmed, holding (1) the was sufficient evidence to support both convictions; (2) any error in admitting testimony over Defendant’s objections was harmless; and (3) the district court’s sentences were not an abuse of discretion. View "State v. Draper" on Justia Law

In 2003, Defendant pled no contest to sexually assaulting J.B., a girl under sixteen years old. A jury trial was subsequently held in a second case, in which Defendant was convicted and sentenced to death for the murder of another girl under sixteen years old, Heather Guerrero. In 2012, Defendant filed a “Verified Motion for Postconviction Relief and Petition for Writ of Error Coram Nobis” in the case involving the sexual assault of J.B. After an evidentiary hearing, the * court rejected Defendant’s claims, overruled his motion for postconviction relief, and denied his petition for writ of error coram nobis. The Supreme Court affirmed, holding that the district court did not err in overruling Defendant’s motion for postconviction relief and denying his petition for a writ of error coram nobis. View "State v. Hessler" on Justia Law