Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of the State in this action brought by Plaintiff alleging that his injuries were proximately caused by the negligence of a state employee, holding that the State was immune based on the recreational activity exemption to the State's waiver of sovereign immunity.Plaintiff was sitting at a table in a State-owned recreation area when a park superintendent started mowing wet grass in the area with a riding lawnmower. The mower slipped on the grass, slid down a slope, and collided with the picnic table, throwing Plaintiff from the table and causing him to suffer injuries. Plaintiff brought a negligence lawsuit against the State. The district court granted summary judgment for the state, concluding that both the recreational activity and weather conditions exemptions in the State Tort Claims Act (STCA) applied. The Supreme Court affirmed, holding that the district court did not err in granting summary judgment based on the STCA's weather conditions exemption. View "State v. Brown" on Justia Law

The Supreme Court affirmed the determination of the director of the Department of Natural Resources that each purported objector to an application seeking an interbasin transfer to divert surface water from an over-appropriated Platte River reach to the Republican River Basin, holding that the purported objectors lacked standing.Several objector entities filed objectives to the operative application, but the director dismissed all of those entities for lack of standing. The Supreme Court affirmed, holding (1) to have standing in this surface water appropriation case Appellants were required to meet the common-law standard; and (2) because Appellants' allegations did not demonstrate that they had or will suffer an injury in fact each failed to establish standing. View "In re Application A-19594" on Justia Law

The Supreme Court affirmed the order of the district court granting summary judgment after determining that Plaintiff's claim for underinsured motorist benefits against American Family Insurance Company was time-barred, holding that Plaintiff's action was untimely.Plaintiff sought underinsured motorist benefits against American Family Insurance Policy, but the district court determined that the action was barred by a two-year limitation provision in the insurance policy. The district court granted summary judgment in favor of American Family. The Supreme Court affirmed, holding that the district court correctly found that Plaintiff's action was untimely. View "Rose v. American Family Insurance Co." on Justia Law

The Supreme Court affirmed the judgment of the district court dismissing Defendant's lawsuit under the State Tort Claims Act (STCA), Neb. Rev. Stat. 81-8,209 to 81-8,235, based on a finding that Defendant's action was barred by the doctrine of claim preclusion, holding that claim preclusion applied.Defendant, an inmate, filed two cases against the State under the STCA. The district court entered two judgments. One judgment dismissed the first action with prejudice as barred by the STCA's statute of limitations and the other dismissed the second action with prejudice because Defendant had failed to comply with the preset claim presentment provisions of the STCA. The Supreme Court affirmed, holding that the district court properly dismissed the second action as barred by claim preclusion because Defendant could have, and should have, brought all of his claims in the first action but failed to do so. View "Saylor v. State" on Justia Law

The Supreme Court affirmed Defendant's conviction of misdemeanor shoplifting and her sentence of a $100 fine, holding that Defendant was not entitled to relief on her allegations of error.On appeal, Defendant argued that there was insufficient evidence to sustain her conviction and that the county court erred in allowing inadmissible hearsay testimony regarding an out-of-court statement. The district court affirmed, holding, among other things, that the hearsay statement was properly admitted under the hearsay exception in Neb. Rev. Stat. 27-803(1). The Supreme Court affirmed, holding (1) the trial court did not err in overruling Defendant's hearsay exception and allowing the disputed testimony; and (2) the evidence was sufficient to support Defendant's conviction. View "State v. Reznicek" on Justia Law

The Supreme Court affirmed the order of the district court denying Appellant's plea in bar alleging that a trial on the pending charges for violations of the Uniform Controlled Substances Act would subject him to Double Jeopardy, holding that forfeiture under Neb. Rev. Stat. 28-431, as amended in 2016, is civil in nature, and therefore, the district court did not err in denying the plea in bar.In his plea in bar, Appellant argued that he was already criminally punished for the same crime in a separate forfeiture action brought pursuant to section 28-431. In denying the plea in bar, the district court concluded that Appellant had failed to demonstrate he was punished by the forfeiture. The Supreme Court affirmed, holding that the sanction imposed by forfeiture under section 28-431 is civil and not criminal for purposes of a double jeopardy analysis. View "State v. Dolinar" on Justia Law

The Supreme Court affirmed the order of the district court dismissing Defendant's third motion for new trial without holding an evidentiary hearing, holding that Defendant was not entitled to an evidentiary hearing on any of the claims of newly discovered evidence at issue in this appeal.Defendant was convicted of two counts of first degree murder and four related felonies in 1989, and his convictions were affirmed on direct appeal. Defendant subsequently filed a series of motions for new trial and successive motions for postconviction relief, without success. Before the Supreme Court was Defendant's third motion for a new trial. The Supreme Court affirmed the judgment of the district court dismissing the motion without an evidentiary hearing, holding that Defendant's operative motion and supporting documents did not entitle him to an evidentiary hearing. View "State v. Boppre" on Justia Law

The Supreme Court affirmed Defendant's convictions for four counts of first degree murder, four counts of use of a weapon to commit a felony, and one count of burglary and his sentences of death for each of the four murder convictions, holding that there was no prejudicial error in the proceedings below.On appeal, Defendant assigned 130 separate assignments of error generally comprising fifteen separate topic areas. The Supreme Court discussed the assignments of error and then affirmed, holding (1) this Court could not determine on direct appeal whether counsel was ineffective in certain respects; and (2) as to Defendant's remaining assignments of error, they were unavailing. View "State v. Garcia" on Justia Law

The Supreme Court affirmed the order of the district court that overruled Defendant's motion for postconviction relief without an evidentiary hearing, holding that Defendant's challenges to his convictions and the five death sentences he received for murders he committed during a bank robbery were unavailing.After a jury trial, Defendant was found guilty of five counts of first degree murder, among other offenses, and sentenced to death for each of the five murders. Defendant later filed a motion for postconviction relief, alleging prosecutorial misconduct claims, ineffective assistance of counsel claims, and additional claims. The district court denied relief without holding an evidentiary hearing. The Supreme Court affirmed, holding that the district court did not err by (1) denying an evidentiary hearing on Defendant's prosecutorial misconduct and ineffective assistance of counsel claims; and (2) denying relief for other alleged violations of Defendant's constitutional rights. View "State v. Galindo" on Justia Law

The Supreme Court affirmed the order of the district court affirming Defendant's convictions and sentences for driving under the influence (DUI), possession of an open alcoholic beverage container, and careless driving, holding that the evidence was sufficient to sustain the convictions.After a bench trial, the county court adjudged Defendant guilty of DUI, possession of an open alcoholic beverage container, and careless driving. The district court affirmed, concluding that no abuse of discretion or error was shown in the record and that sufficient evidence supported the convictions. The Supreme Court affirmed, holding that the State presented sufficient evidence to sustain Defendant's DUI conviction. View "State v. Buol" on Justia Law