Justia Nebraska Supreme Court Opinion Summaries

A husband and wife, both real estate professionals, were married for 31 years and jointly owned several properties, including two farms, residential homes, and business assets acquired during the marriage. The couple had no children together but each had adult children from prior marriages. During the marriage, they operated a real estate business and were equal shareholders in a grain company that was dissolved before the divorce proceedings. The husband claimed certain assets as nonmarital property, including proceeds from a premarital business and an inheritance, and also sought to have debts incurred during the marriage, such as a COVID-related loan and loans taken to pay temporary spousal support, treated as marital debts. Additionally, a third party, J.E.M. Farms, LLC, intervened, claiming a one-half interest in one of the farms based on a prior agreement and financial contributions.The District Court for Antelope County conducted a bifurcated trial, first addressing the intervenor’s claim and then the dissolution action. The court entered a consent decree quieting title to half of one farm in favor of J.E.M. Farms, with all parties agreeing to pay their own attorney fees and costs. In the dissolution proceedings, the court found that the husband failed to adequately trace most of his claimed nonmarital assets, except for $260,000 from his inheritance that was used to purchase one farm. The court also found insufficient evidence to treat the COVID loan as an outstanding marital debt or to find dissipation by the wife. The court ordered both farms to be sold, with the proceeds divided equally after accounting for the nonmarital inheritance, and denied the husband’s request for attorney fees related to the intervention.On appeal, the Nebraska Supreme Court reviewed the case de novo for abuse of discretion. The court affirmed the district court’s rulings, holding that the husband did not meet his burden to trace additional nonmarital property, that the consent decree barred his claim for attorney fees related to the intervention, and that the order to sell the farms was reasonable under the circumstances. The court also found no error in the treatment of debts or in the division of property. View "White v. White" on Justia Law

The defendant in this case was on federal supervised release when he absconded, leading to the issuance of a federal warrant for his arrest. Upon being located and arrested in Nebraska, drugs were found in his possession, resulting in state drug charges. After his arrest, he was initially held in a county jail but was soon transferred to federal custody. While in federal custody, Nebraska authorities charged him with a state offense and obtained a writ of habeas corpus ad prosequendum to temporarily transfer him from federal to state custody for prosecution and sentencing on the state charge. He spent 638 days in the county jail under this arrangement before being sentenced in state court.The District Court for Lancaster County considered whether the defendant should receive credit against his state sentence for the time spent in county jail while he was “borrowed” from federal custody. Defense counsel requested such credit, but both the court and counsel acknowledged uncertainty about whether the time should be credited to the state or federal sentence. The district court ultimately declined to award any credit for time served, finding no clear basis in the record to attribute the time exclusively to the state case. The defendant was sentenced to a term of imprisonment to run consecutively to any other sentences, with no credit for time served.On appeal, the Nebraska Supreme Court reviewed the statutory and common law principles governing credit for time served, particularly in cases involving multiple sovereigns. The court held that when a defendant is borrowed from federal custody under a writ of habeas corpus ad prosequendum, the primary jurisdiction remains with the federal authorities, and any credit for time served during that period is attributable only to the federal sentence, not the state sentence. The court affirmed the district court’s decision to deny credit for time served on the state sentence. View "State v. Leatherwood" on Justia Law

Two individuals, Kellogg and Mathiesen, formed a limited liability company (LLC) to provide in-home personal care services. Over time, disputes arose regarding ownership interests, capital contributions, and management of the company. The parties executed several agreements, including a 2017 contract transferring Mathiesen’s ownership to Kellogg due to his ineligibility as a Medicaid provider, and a 2019 contract in which Kellogg sold Mathiesen a 50% interest in the LLC’s assets. Allegations of mismanagement, misuse of company funds, and inappropriate conduct by Mathiesen led to litigation between the parties, including derivative claims and counterclaims. Kellogg also sought judicial dissolution of the LLC, citing unlawful conduct and irreconcilable differences.The District Court for Douglas County held a bench trial and found both Kellogg and Mathiesen to be 50-percent co-owners or managers of the LLC. The court denied all derivative claims and counterclaims, citing unclean hands by both parties. However, the court granted Kellogg’s application for dissolution, finding Mathiesen’s conduct oppressive and fraudulent, and ordered the appointment of a receiver to oversee the dissolution and possible sale of the company. Mathiesen appealed both the judgment and the receiver’s appointment.The Nebraska Supreme Court reviewed the consolidated appeals, limiting its review to plain error due to deficiencies in Mathiesen’s appellate briefing. The court determined it had jurisdiction over both appeals and addressed Mathiesen’s argument that Kellogg lacked standing. The court held that Kellogg remained a member of the LLC at the time of filing her derivative action and thus had standing. Finding no plain error in the record, the Nebraska Supreme Court affirmed the district court’s judgment and the order appointing a receiver. View "Kellogg v. Mathiesen" on Justia Law

A county attorney in Nebraska sought to challenge the appointment of a special prosecutor in a juvenile court case. The issue arose because the county attorney’s adult daughter, who works as a caseworker for the Department of Health and Human Services, was assigned to the same juvenile case and could potentially be called as a witness. The daughter testified that she did not discuss her work with her father and that her father’s position would not affect her testimony. The deputy county attorney assigned to the case also testified to his independence in handling the matter.The Separate Juvenile Court of Lancaster County, on its own initiative, raised concerns about a possible conflict of interest due to the familial relationship. The court found that the lack of disclosure of the relationship, combined with the organizational structure of the county attorney’s office, created a conflict of interest. Relying on Nebraska ethics advisory opinions and a prior appellate decision, the court concluded that the entire county attorney’s office should be disqualified and appointed a special prosecutor under Nebraska Revised Statute § 23-1205.The Nebraska Supreme Court reviewed the matter as an original action in quo warranto. The court held that the existence of a conflict of interest must be determined on a case-by-case basis and is personal to the attorney involved. It found no evidence that the county attorney’s professional judgment or the deputy county attorney’s independence was compromised by the daughter’s involvement. The court concluded that the appointment of a special prosecutor was unwarranted under the facts presented and ordered the ouster of the special prosecutor, reinstating the county attorney’s office to the case. View "State ex rel. Condon v. Braaten" on Justia Law

A woman died in September 2021, survived by four sons. One son, Mark, submitted a will dated September 15, 2021, naming himself as sole beneficiary and personal representative, excluding his three brothers. Another son, Michael, objected, arguing that their mother lacked testamentary capacity at the time of the will’s execution and that the will was the product of undue influence. Evidence at trial included testimony from family members, a friend who notarized the will, and a nurse who described a prior incident in which Mark threatened the decedent. Mark also sought to introduce a 2016 document (exhibit 7) showing a similar disposition of the estate, but the county court excluded it.The County Court for Douglas County found that Mark failed to prove the decedent’s testamentary capacity and that the will was the product of undue influence, ordering the estate to proceed in intestacy with Michael as personal representative. Mark appealed. The Nebraska Supreme Court, in a prior decision, reversed the exclusion of exhibit 7, holding it was relevant to show a constant and abiding scheme for property distribution, and remanded for reconsideration on the existing record, including exhibit 7.On remand, the county court admitted exhibit 7 but declined to consider new evidence, including an affidavit from the decedent’s sister. The court again found that Mark failed to prove testamentary capacity and that the will resulted from undue influence, giving little weight to exhibit 7 regarding the decedent’s state in 2021. Mark appealed again.The Nebraska Supreme Court held that the county court properly limited its review to the existing record and exhibit 7, as required by the mandate. The Supreme Court affirmed the findings that the decedent lacked testamentary capacity and that the will was the product of undue influence, and affirmed the order for intestate administration with Michael as personal representative. View "In re Estate of Walker" on Justia Law

A married couple undertook renovations on a property owned by a family trust, based on an alleged oral agreement with the original cotrustees (the couple’s relatives). The couple claimed they were to be reimbursed for the renovation costs, excluding labor, after the property was sold. The renovations expanded in scope as new issues were discovered. After the cotrustees passed away, a new trustee (also a family member) sold the property but did not reimburse the couple, citing a lack of available funds due to a line of credit and other expenses. The couple, who were also beneficiaries of the trust, requested reimbursement and a full accounting of the trust’s assets, but were denied.The District Court for Douglas County held a bench trial and found that, while there was evidence of an agreement, its terms were too indefinite to constitute a legally enforceable contract. The court also denied the couple’s claims for unjust enrichment, finding insufficient evidence that the renovations increased the property’s value or that the costs were reasonable. Claims for promissory estoppel and breach of fiduciary duty/accounting were also denied, with the court noting that it was not required to make detailed findings absent a specific request. The court further declined to hold the trustee personally liable.On appeal, the Nebraska Supreme Court reviewed the district court’s findings under a clearly erroneous standard. The Supreme Court affirmed the lower court’s decision, holding that the oral agreement lacked the definiteness required for contract enforcement, that the evidence did not establish unjust enrichment or reasonable value, and that the claims for promissory estoppel and breach of fiduciary duty/accounting were properly denied based on conflicting evidence. The court also found no basis for personal liability of the trustee. The judgment of the district court was affirmed. View "Morris v. Dall" on Justia Law

A pathologist who was an officer, director, shareholder, and employee of a closely held professional corporation was subject to annual employment agreements and the corporation’s bylaws, which required shareholders to be employed by the corporation. The employment agreement allowed for termination “for any reason or no reason,” and the bylaws provided that a shareholder who ceased to be an employee would have their shares redeemed at book value. After several incidents involving the pathologist’s performance, the board voted not to renew his employment agreement. As a result, his employment ended, and the corporation sought to redeem his shares at book value, as specified in the bylaws.The pathologist filed suit in the District Court for Lancaster County, alleging breach of fiduciary duty, shareholder oppression justifying judicial dissolution, and seeking declaratory relief regarding the value of his shares and the enforceability of a noncompetition provision. The corporation moved for summary judgment. The district court granted summary judgment in part, dismissing claims related to termination of employment and the noncompetition provision, but allowed discovery and further proceedings on the valuation and redemption of shares. After additional discovery, the corporation again moved for summary judgment. The district court granted summary judgment on the remaining claims, finding no genuine issue of material fact and that the corporation had acted in accordance with the agreements. The court also denied the pathologist’s motions to compel further discovery and to continue the summary judgment hearing.On appeal, the Nebraska Supreme Court reviewed the grant of summary judgment de novo and the discovery rulings for abuse of discretion. The court held that the pathologist had no reasonable expectation of continued employment given the clear terms of the agreements he signed, and that the corporation’s actions in redeeming his shares at book value did not constitute a breach of fiduciary duty or shareholder oppression. The court affirmed the district court’s judgment in all respects. View "Noel v. Pathology Med. Servs." on Justia Law

The case involved a defendant who was charged with first degree sexual assault of a child, incest with a person under age 18, and tampering with physical evidence. The victim was the defendant’s daughter, who was under 12 years old at the time of the alleged incident. The events in question occurred in the early morning hours, when the child’s mother observed the defendant leaving the children’s bedroom and later questioned her daughter, leading to a disclosure of sexual abuse. The mother examined the child and noticed redness, and the child was subsequently taken to a hospital and a child advocacy center for examination and forensic interviews. The defendant pleaded not guilty, and the case proceeded to a jury trial.The District Court for Douglas County presided over the trial. During the proceedings, the defense objected to certain hearsay testimony and to questions by the prosecution regarding a separate alleged incident of sexual assault. The court overruled some hearsay objections and sustained others, but did not provide limiting instructions or grant a mistrial. The jury found the defendant guilty of first degree sexual assault of a child and incest, but not guilty of tampering with evidence. The court sentenced the defendant to consecutive prison terms within statutory limits. The defendant, represented by new counsel at sentencing, appealed, raising issues including sufficiency of the evidence, evidentiary rulings, prosecutorial misconduct, sentencing, and ineffective assistance of trial counsel.The Nebraska Supreme Court reviewed the case. It held that the evidence was sufficient to support the convictions, as the child’s testimony and corroborating circumstances met the required elements. The court found that any hearsay admitted was cumulative and its admission was harmless beyond a reasonable doubt. Claims of prosecutorial misconduct were reviewed for plain error due to lack of a mistrial motion, and no plain error was found. The sentences were within statutory limits and not an abuse of discretion. The court found the record insufficient to resolve two claims of ineffective assistance of counsel, but rejected the others. The judgment of the district court was affirmed. View "State v. Hagens" on Justia Law

The case concerns a father whose two young children were found dead in his Nebraska home during his court-ordered visitation week. The children’s mother, living in Illinois, became alarmed after missing scheduled video calls and being unable to reach the father. Welfare checks by police initially did not result in entry to the home, but friends of the mother later entered and discovered the children deceased in their beds. The father was located and arrested in California, where he had interactions with two Catholic priests and made statements to law enforcement. The autopsies determined the children died from asphyxia due to smothering.The District Court for Sarpy County conducted a jury trial, during which the father was convicted of two counts of first degree murder and sentenced to consecutive life terms. The defense raised multiple pretrial and trial objections, including challenges to the admission of 911 calls, body camera footage, and statements to priests and police, as well as concerns about juror impartiality, media coverage, and the defendant’s competency following a medical incident during trial. The court overruled these objections and denied motions for mistrial and new trial. The defense also objected to the sentencing process, and the State argued that the trial court erred by granting credit for time served against the life sentences.The Nebraska Supreme Court reviewed the case and affirmed the convictions and consecutive life sentences, but modified the sentence to remove credit for time served, holding that such credit is not permitted against a life sentence. The court found no abuse of discretion or reversible error in the admission of evidence, handling of juror and media issues, or in the court’s rulings on competency and mistrial motions. The court also held that the defendant’s statements to law enforcement were voluntary and not obtained in violation of Miranda rights, and that any privilege regarding statements to clergy was either waived or, if error, harmless. View "State v. Price" on Justia Law

A dispute arose after Howard Misle, acting as lender, provided funds to Abram, LLC, under a promissory note to support the company’s real estate ventures. The note, initially executed in 2004 and later amended, allowed advances up to $5 million at 3% interest. In 2007, after selling a property known as Park Place, Howard was paid sums from the sale proceeds, including a payoff for the note and reimbursement for advances. Later, Howard continued to make advances to Abram for new properties in Pennsylvania. In 2020, Howard demanded repayment on the note, and when Abram did not pay, he filed suit. Abram responded by asserting a defense of recoupment, claiming Howard had been overpaid in 2007, and also filed counterclaims for breach of fiduciary duty and fraudulent concealment.The District Court for Lancaster County granted summary judgment for Howard on the recoupment defense, finding the 2007 payment was a separate transaction from the advances Howard sought to recover. After a bench trial, the court also found that the statute of limitations barred Abram’s counterclaims, concluding that Abram’s agents had knowledge of the relevant facts and that the discovery rule did not toll the limitations period. The court adopted Howard’s calculation of interest on the note without an evidentiary hearing, overruling Abram’s objections.The Nebraska Supreme Court reviewed the case de novo. It held that Abram’s recoupment defense regarding the alleged 2007 overpayment should not have been dismissed on summary judgment, as it arose from the same transaction as Howard’s claim on the note. However, the court affirmed summary judgment for Howard on recoupment related to a personal loan to a third party. The court also found that the statute of limitations was tolled for Abram’s breach of fiduciary duty counterclaim but affirmed the dismissal of the fraudulent concealment claim. The case was affirmed in part, reversed in part, and remanded for further proceedings, including a determination of whether interest should be calculated as simple or compound. View "Konecne v. Abram, LLC" on Justia Law