Justia Nebraska Supreme Court Opinion Summaries

Defendant was convicted of first degree murder and use of a weapon to commit a felony. The Supreme Court affirmed Defendant’s convictions and sentences on appeal. Defendant subsequently filed a pro se motion for postconviction relief, generally alleging ineffective assistance of appellate counsel. The district court denied Defendant’s motion for postconviction relief without holding an evidentiary hearing. The Supreme Court affirmed, holding that the district court did not err when it found there was no merit to each of Defendant’s claims and denied his motion for postconviction relief without granting an evidentiary hearing. View "State v. Starks" on Justia Law

In 2014, Wife filed a complaint to dissolve her marriage from husband. After the district court entered a decree of dissolution, both parties appealed. The issues on appeal related primarily to the district court’s division of the property was proper. Specifically, the parties challenged the court’s determination of whether a cattle herd and certain other assets and debts associated therewith should be included in the marital estate. The Supreme Court (1) reversed the district court’s ruling treating Wife’s fifty-percent interests in three LLCs as martial property and dividing them between the parties; (2) reversed and struck the decree’s finding related to the debts associated with the LLCs; and (3) affirmed the district court’s determination that the cattle operation was Husband’s separate property. View "Sellers v. Sellers" on Justia Law

RM Campbell Industrial, Inc. entered into a contract with Randall Kramer for construction work on an ethanol plant. The terms of the contract indicated that the contract was between Campbell and KL Process Design Group, LLC. Midwest Renewable Energy, LLC, paid the invoices. When Midwest stopped making payments and KL Process ceased work on the project, Campbell filed suit against Midwest for breach of contract. After a trial, the jury found for Campbell in the amount of $154,510.98. The Supreme Court affirmed, holding that the district court did not err in (1) concluding that there was sufficient evidence for a jury question in whether KL Process acted as an agent of Midwest in entering into the subcontract with Campbell and whether there was an enforceable contract between Midwest and Campbell; and (2) not finding that Campbell had to prove substantial compliance with the subcontract and not instructing the jury on this. View "RM Campbell Indus. v. Midwest Renewable Energy, LLC" on Justia Law

After a jury trial, Defendant was found guilty of attempted second degree murder, first degree assault, and use of a weapon to commit a felony. The Court of Appeals reversed. The Supreme Court affirmed, holding that Defendant was entitled to a new trial at which the jury could be instructed on the distinction between second degree murder and voluntary sudden quarrel manslaughter. The district court subsequently granted Defendant’s motion for new counsel. Defendant then pled no contest to the amended charge of attempted voluntary manslaughter. Defendant subsequently filed a motion for postconviction relief, alleging several claims of error. The district court denied the motion without an evidentiary hearing. The Supreme Court affirmed, holding (1) the district court did not err in denying Defendant’s motion for postconviction relief without an evidentiary hearing despite Defendant’s claims of ineffective assistance of appellate counsel; (2) Defendant’s allegation that the district court erred in hearing his claims of ineffective assistance of appellate counsel at the hearing on his motion for new counsel prior to his motion for postconviction relief had no merit; and (3) there was no plain error. View "State v. Smith" on Justia Law

In two separate garnishment proceedings, Appellants, judgment creditors, served garnishment interrogatories on the judgment debtors’ attorney (Attorney). Appellants did not challenge Attorney’s answers in the first garnishment proceeding but filed an application to determine Attorney’s garnishment liability in response to Attorney’s answers in the second garnishment proceeding. The district court overruled Appellants’ motion to determine garnishment liability, concluding that because Appellants did not move to determine Attorney’s liability after he responded to the first garnishment interrogatories, he was released and discharged as to the property sought and that the property could not be sought again by Appellants in the second garnishment proceeding based on claim preclusion. The Supreme Court affirmed, holding that the district court did not err when it overruled Appellants’ motion to determine Attorney’s garnishment liability in the second garnishment proceeding. View "Huntington v. Pedersen" on Justia Law

After two commitment hearings, the juvenile court entered an order committing Alan L. to the Office of Juvenile Services (OJS) for commitment at a youth rehabilitation and treatment center. In its first order, the court concluded that the State had not proved the necessary conditions for commitment, but the court subsequently found that the evidence supported a commitment order. Alan appealed, arguing (1) claim preclusion barred the State from presenting any new evidence at the second commitment hearing that was available to it before the first commitment hearing; and (2) the commitment hearing violated his right to due process because he could not confront and cross-examine individuals who provided adverse information against him. The Supreme Court affirmed, holding (1) Alan was not deprived of his right to procedural due process despite the State’s failure to comply with case law for seeking a new disposition or commitment to OJS; and (2) new evidence at the second commitment hearing, which became available after the first hearing, showed a change of circumstances warranting Alan’s commitment to OJS, and claim preclusion does not bar consideration of changed circumstances. View "In re Interest of Alan L." on Justia Law

Defendant, whose native language was Dinka Bor, pleaded no contest to first degree murder. After a colloquy, the trial court accepted Defendant’s plea, finding that Defendant had entered his plea freely, voluntarily, knowingly, and intelligently. The trial court sentenced Defendant to life in prison. The Supreme Court affirmed, holding (1) Defendant’s plea was voluntary because he could comprehend the proceedings and communicate in English; and (2) Defendant’s counsel was not ineffective for failing to ensure that Defendant understood his constitutional rights, failing to stop the plea hearing, and failing to request an interpreter. View "State v. Bol" on Justia Law

Susan Edwards slipped on a piece of watermelon while shopping at a grocery store operated by Hy-Vee, Inc. and fell. Approximately six feet from where Edwards fell a man was handing out watermelon samples to customers. Plaintiff sued Hy-Vee for her injuries. The district court entered summary judgment in favor of Hy-Vee, concluding that Hy-Vee did not create the hazardous condition or have constructive knowledge of the watermelon on the floor. The Supreme Court affirmed, holding that summary judgment was appropriate where there was no genuine issue of material fact as to whether Hy-Vee created or had actual or constructive knowledge of the condition. View "Edwards v. Hy-Vee, Inc." on Justia Law

The Weitz Company, LLC, a general contractor, submitted a bid on a planned nursing facility. Weitz’s bid incorporated the amount of a bid submitted to Weitz by H&S Plumbing and Heating for the plumbing work and the heating, ventilation, and air conditioning parts of the job. The project owner awarded the project to Weitz, but H&S reneged on its bid. Weitz used other subcontractors to complete the project at greater expense. Weitz later sued H&S, claiming breach of contract and promissory estoppel. The court determined that the parties had not formed a contract but enforced H&S’s bid under promissory estoppel, awarding Weitz damages of $292,492. The Supreme Court affirmed the judgment and the amount of damages, holding that the district court did not err by entering a judgment for Weitz on its promissory estoppel claim and correctly measured Weitz’s damages. View "Weitz Co., LLC v. Hands, Inc." on Justia Law

Jennifer Lorenzen filed a complaint seeking to dissolve her marriage to David Lorenzen. The parties reached an agreement on certain issues, but a trial was required to determine other property-related issues, including the division of the parties’ retirement plans. The trial court determined that the entire marital portion of David’s pension plan should be included in the marital estate and divided equally between the parties. David appealed, arguing that the court erred when it included a certain portion of his pension plan as marital property because the court determined that Jennifer’s future Social Security benefits should not be considered part of the marital estate. The Supreme Court affirmed, holding that David’s proposal was effectively a direct offset from the marital estate based on the fact that Jennifer was expected to receive Social Security benefits and David was not, and such an offset is prohibited by precedent and federal law. View "Lorenzen v. Lorenzen" on Justia Law