Justia Nebraska Supreme Court Opinion Summaries

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

An employee brought a civil action against his former employer, alleging wrongful termination and retaliation under the Nebraska Fair Employment Practice Act. The employee claimed he was fired for discussing his compensation with his supervisor and requesting a higher annual bonus, which he argued was protected conduct under state law. The employer denied retaliatory intent, asserting instead that the employee either resigned voluntarily or was terminated for performance reasons. The employer did not plead any statutory exceptions as affirmative defenses in its answer.The case proceeded to a jury trial in the District Court for Douglas County. After both sides presented their evidence, the employer moved for a directed verdict, arguing that the employee’s discussion about compensation occurred during working hours and thus fell within a statutory exception that prohibits such discussions during working hours. The court took the motion under advisement and submitted the case to the jury, which returned a verdict in favor of the employee, awarding substantial damages. However, the court did not enter judgment on the verdict. Instead, it later granted the employer’s motion for directed verdict, reasoning that the employee failed to disprove the applicability of the statutory exception, and dismissed the action.On appeal, the Nebraska Supreme Court held that the statutory exception regarding discussions of compensation during working hours constitutes an affirmative defense. The Court clarified that the employer bears the burden to plead and prove this defense, and failure to do so results in waiver. Because the employer did not plead the exception as an affirmative defense, the district court erred in granting a directed verdict on that basis. The Supreme Court reversed the district court’s order and remanded the case with directions to enter judgment in conformity with the jury’s verdict. View "Khaitov v. Greater Omaha Packing Co." on Justia Law

The case involved a defendant who was convicted of possession of a firearm by a prohibited person and first-offense driving under the influence. The defendant, who had a prior felony conviction, was found driving a borrowed vehicle that became stuck on railroad tracks. Law enforcement responded, conducted DUI tests, and allowed a passenger to search the vehicle for his keys and phone due to extreme cold. During this search, an officer assisted and discovered a firearm in the center console. The prosecution also introduced Facebook messages, purportedly sent by the defendant, to establish knowing possession of the firearm.The District Court for Lancaster County denied the defendant’s motion to suppress evidence of the firearm, finding that the officer had probable cause to search the vehicle based on the odor of marijuana. The court also admitted the Facebook messages into evidence, overruling objections regarding foundation, hearsay, and the Confrontation Clause. On appeal, the Nebraska Court of Appeals affirmed the convictions, concluding that the search was constitutional under both the consent and automobile exceptions to the warrant requirement, and that the Facebook messages were properly authenticated and admissible.The Nebraska Supreme Court reviewed the case, focusing on the admissibility of the firearm and Facebook messages. The court held that the officer’s search was reasonable under the Fourth Amendment as a community caretaking function, not based on the passenger’s consent or the automobile exception. The court also held that user-generated social media records are not self-authenticating business records under Nebraska’s evidence rules, but found that the Facebook messages were sufficiently authenticated and admissible as statements by a party opponent. The court further found no Confrontation Clause violation. The judgment of the Court of Appeals affirming the convictions was affirmed. View "State v. Falcon" on Justia Law

A married couple with three children sought dissolution of their marriage after nearly two decades together. The parties’ relationship had become highly contentious, with each parent seeking custody of the children and making allegations about the other’s parenting, mental health, and conduct. During the proceedings, a temporary protection order was issued, later modified, and the parties alternated between joint and sole custody arrangements for their children. At trial, both sides presented extensive evidence, including testimony from psychologists, therapists, family members, and friends, regarding the children’s best interests, the parents’ mental health, and allegations of alienation and abuse.The District Court for Lancaster County, Nebraska, conducted a bench trial and ultimately dissolved the marriage. The court awarded joint legal custody but granted primary physical custody and final decision-making authority over medical, educational, and religious matters to the mother. The court found that, while both parents had strengths and weaknesses, the mother generally acted in the children’s best interests, and the father’s actions had contributed to alienation of the children from their mother. The court also divided the marital estate, awarding the mother the marital home and the father a cabin, and ordered the father to pay alimony, a portion of the children’s extracurricular expenses, and attorney fees. Both parties filed post-trial motions, resulting in minor amendments to the decree.The Nebraska Supreme Court reviewed the case de novo, applying an abuse of discretion standard. The court affirmed the district court’s rulings, holding that the custody determination, allocation of extracurricular expenses, division of property, alimony, and attorney fee awards were all within the trial court’s discretion and supported by the evidence. The Supreme Court found no abuse of discretion and affirmed the district court’s order in all respects. View "Scott v. Scott" on Justia Law