Justia Nebraska Supreme Court Opinion Summaries

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

A woman was involved in a car accident in which her passenger suffered severe injuries. She admitted to consuming alcohol and marijuana before driving, and chemical tests confirmed her blood alcohol content was above the legal limit. The passenger was hospitalized in a vegetative state and died several months after the accident. Initially, the woman was charged and convicted of driving under the influence (DUI) resulting in serious bodily injury, for which she received a sentence of incarceration, post-release supervision, and license revocation.After the passenger’s death, the State charged her with motor vehicle homicide while operating under the influence. She argued that this subsequent prosecution violated her double jeopardy rights. The District Court for Douglas County agreed and dismissed the new charge, finding the two offenses to be the same under the Blockburger v. United States test. However, the Nebraska Supreme Court, referencing Diaz v. United States, reversed that decision, holding that double jeopardy did not bar the second prosecution because the death, a necessary element of the more serious charge, had not occurred at the time of the first prosecution.On remand, the district court held a bench trial and found her guilty of motor vehicle homicide/DUI, relying on expert testimony that the collision was the proximate cause of the passenger’s death. The court sentenced her to probation, to run concurrently with any other sentence. On appeal, the Nebraska Supreme Court held that the expert testimony was admissible, the evidence was sufficient to support the conviction, and that cumulative punishment for both offenses was permitted because the legislature clearly authorized it. The court affirmed her conviction and sentence. View "State v. Lewis" on Justia Law

An 11-year-old child with significant disabilities, including autism and other disorders, attended a public elementary school where staff were aware of his special needs and history of leaving school grounds when unsupervised. Despite this knowledge, the child was left alone multiple times, and on May 17, 2021, he walked out of the school unattended and was never seen again. His mother, acting as his legal guardian, alleged that the school district and staff negligently supervised her son, leading to his disappearance and likely death or serious harm. She also claimed severe emotional distress resulting from the incident.The mother filed suit in the District Court for Sarpy County under the Political Subdivisions Tort Claims Act (PSTCA), naming the school district and three staff members as defendants. The defendants moved to dismiss, arguing the claims were barred by sovereign immunity under the PSTCA’s due care and discretionary function exemptions, and that the complaint failed to state a claim for negligent infliction of emotional distress. The district court granted the motion, finding both exemptions applied and that the emotional distress claim was either barred or insufficiently pled. The court dismissed the complaint without leave to amend.On appeal, the Nebraska Supreme Court reviewed the dismissal de novo. The court held that, based solely on the complaint’s allegations and reasonable inferences, it could not determine whether the PSTCA exemptions applied, as a more developed factual record was needed. The court also found the complaint alleged sufficient facts to state plausible claims for negligent supervision and negligent infliction of emotional distress. The Nebraska Supreme Court reversed the district court’s dismissal and remanded the case for further proceedings. View "Larsen v. Sarpy Cty. Sch. Dist. No. 77-0027" on Justia Law

On July 30, 2020, two individuals, Michael Harbour and Nicole Hatten, were shot and killed in the parking lot of a hotel in Omaha, Nebraska. John L. Parks, Sr., was seen on surveillance video with the victims shortly before the shootings. A subsequent search of Parks’ hotel room uncovered a firearm and cocaine. Parks was charged with two counts of first degree murder and several related felonies. Initially represented by appointed counsel, Parks’ case involved multiple pretrial motions, including several continuances and motions to depose witnesses, some of which Parks later claimed were made without his knowledge or consent. Parks also sought personal access to discovery materials while incarcerated, which was denied.The District Court for Douglas County granted the continuances, finding that Parks’ counsel had confirmed Parks’ understanding and consent to tolling his speedy trial rights. Parks later retained new counsel, who also filed pretrial motions and requested further continuances. On the eve of trial, Parks moved for absolute discharge, arguing that his statutory and constitutional speedy trial rights had been violated because delays from his counsel’s motions should not be attributed to him. The district court denied the motion, attributing the delays to Parks and finding no violation of his rights. Parks appealed, and the Nebraska Court of Appeals affirmed, holding that the delays were properly excluded and that Parks’ claims regarding his statutory speedy trial rights were without merit. The court also found it lacked jurisdiction to consider his constitutional speedy trial claims on interlocutory appeal.On further appeal, the Nebraska Supreme Court held that Parks’ statutory speedy trial claims were foreclosed by the law-of-the-case doctrine, as they had been conclusively resolved in the prior appeal. The Court further held that Parks had permanently waived his statutory speedy trial rights by seeking discharge and pursuing an interlocutory appeal, which resulted in a trial date outside the statutory period. The Court also found no violation of Parks’ constitutional speedy trial rights, as the delays were attributable to defense motions and not to the State or the court. The denial of Parks’ motions for personal access to discovery and for a mistrial were upheld, and his claims of ineffective assistance of counsel were rejected. The Supreme Court affirmed Parks’ convictions. View "State v. Parks" on Justia Law

A married couple with two children entered into a legal separation after signing a settlement agreement that addressed property division, child custody and support, and alimony. The agreement was incorporated into a legal separation decree by the District Court for Scotts Bluff County, which found the agreement fair and not unconscionable. The husband did not appeal this decree. Several months later, the wife filed for dissolution of marriage, and both parties again signed a settlement agreement, which referenced the prior separation decree as resolving all substantive issues. After the husband discovered an undisclosed retirement account, the parties agreed to modify the equalization payment to the wife, and the court approved this modification.The first dissolution decree was entered before the statutory 60-day waiting period had elapsed, rendering it void. The wife moved for a new dissolution decree, and the court entered an operative dissolution decree after the waiting period, incorporating the prior agreements and the modified equalization payment. The husband, now represented by counsel, sought to vacate both the separation and dissolution decrees, arguing the separation decree was void for lack of a required written certification that the parties would live separate and apart, and that the agreements were unconscionable. He also argued that the dissolution decree was barred by issue preclusion and that the settlement agreements should be set aside.The Nebraska Supreme Court held that the absence of a written certification under Neb. Rev. Stat. § 42-361.01 was not a jurisdictional defect and did not render the separation decree void. The court further held that the separation decree was a final, appealable order, and because it was not timely appealed, its terms could not be collaterally attacked except under limited circumstances such as fraud or gross inequity, which were not present. The court found no abuse of discretion in the district court’s approval of the settlement agreements and affirmed the judgment. View "Benda v. Sole" on Justia Law

After the Nebraska Legislature enacted L.B. 77, which allowed concealed carry without a permit and limited local regulation of weapons, the mayor of Lincoln issued an executive order prohibiting weapons in city-owned properties. This order was quickly amended but maintained similar restrictions, including criminal and civil penalties for violations. Several longstanding city ordinances also regulated firearms and other weapons, such as prohibiting weapons in parks, requiring reporting of firearm sales, and banning certain devices and knives. The Nebraska Firearms Owners Association (NFOA) and four individual plaintiffs, all regular concealed carriers, alleged that these local measures conflicted with state law and deterred them from activities they would otherwise pursue, such as carrying firearms in parks or purchasing certain items.The plaintiffs filed suit in the District Court for Lancaster County, seeking declaratory and injunctive relief. The City moved to dismiss, arguing lack of standing. The district court dismissed the case entirely, finding that neither the NFOA nor the individuals had standing because none had been prosecuted or directly affected by enforcement of the challenged laws. The court relied on federal precedent, including Susan B. Anthony List v. Driehaus, but concluded that the plaintiffs’ alleged injuries were too speculative or abstract.On appeal, the Nebraska Supreme Court reviewed the dismissal de novo. The court held that the NFOA lacked associational standing because it failed to allege its authority to represent its members. However, the individual plaintiffs had standing to challenge the executive order and most ordinances, as they alleged a credible and imminent threat of prosecution sufficient for a preenforcement challenge. The court affirmed the dismissal as to the NFOA and the challenge to the vehicle storage ordinance, but reversed and remanded as to the individual plaintiffs’ challenges to the executive order and other ordinances. View "Nebraska Firearms Owners Assn. v. City of Lincoln" on Justia Law