Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the district court overruling Defendant's motion to dismiss the criminal case against him for lack of jurisdiction pursuant to the intrastate detainer statutes, holding that the district court did not err.The State charged Defendant with two felonies. Defendant later filed a motion to dismiss due to the State's failure to bring him to trial within the statutory 180-day time limit. The district court denied the motion. The Supreme Court affirmed, holding (1) the interstate detainer statutes, including the speedy trial provision of Neb. Rev. Stat. 29-3805, cease to apply to a criminal defendant when he is discharged from the custody of the Department of Correctional Services (DCS); and (2) Nebraska's intrastate detainer statutes no longer applied to Defendant after he was discharged from DCS custody. View "State v. Yzeta" on Justia Law

The Supreme Court affirmed the order of the district court finding that this action brought by Plaintiff against Janice German and Dawes County Abstract & Title, Inc. (collectively, German) arising from title abstracting and issuing commitments and title insurance services German performed for a series of transactions, holding that the district court did not err.The district court concluded (1) the amended complaint stated a single cause of action for professional negligence against German as an abstracter with several theories of recovery; and (2) Neb. Rev. Stat. 25-2222, the two-year statute of limitations for professional negligence, applied, thus time-barring the complaint. The Supreme Court affirmed, holding (1) the district court correctly concluded that Plaintiff was performing abstracter services during the time period in issue; and (2) abstracters of title provide "professional services" within the meaning of section 25-222. View "Mai v. German" on Justia Law

The Supreme Court affirmed as modified the judgment of the district court dismissing this lawsuit brought by Cheryl Mueller to halt the pursuit of a setoff against the share of the estate of Lorine Mueller that would otherwise pass to Cheryl, holding that the merits of Cheryl's lawsuit should not have been entertained.At issue in this dispute over the administration of Lorine's estate (Estate) was whether a Nebraska judgment entered in favor of Lorine and against Cheryl, the widow of Lorine's deceased son, should be set off against the share of the Estate that would otherwise pass to Cheryl. In her complaint, Cheryl sought to halt the pursuit of a setoff by seeking a declaration that an agreement between Cheryl and Lorine's daughter, Margo Loop, precluded setoff. The district court dismissed this action with prejudice on summary judgment. The Supreme Court affirmed as modified, holding that the district court abused its discretion to the extent it reached the merits of this action. View "Mueller v. Peetz" on Justia Law

The Supreme Court affirmed Defendant's nineteen convictions for first degree sexual assault, incest, and intentional abuse of a vulnerable adult, holding that Defendant was not entitled to relief on his claims of error.Specifically, the Supreme Court held (1) Defendant failed to raise his arguments that the district court violated his constitutional due process and double jeopardy protections in the district court and thus waived the issues for appeal; (2) there was sufficient evidence to support Defendant's convictions for first degree sexual assault; and (3) there was sufficient evidence to support Defendant's convictions for intentional abuse of a vulnerable adult. View "State v. Bershon" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court dismissing certain defendants for lack of personal jurisdiction, holding that the defendants' contacts were too attenuated for them to have purposefully established minimum contacts within Nebraska.The out-of-state defendants at issue on appeal facilitated the sale of allegedly defective software installed by a local mechanic in four of Plaintiff's trucks. Plaintiff asserted against them claims for strict liability, negligence, and breach of implied warranties. The district court granted the defendants' motion to dismiss, concluding that Plaintiff failed to make a prima facie showing of jurisdiction. The Supreme Court affirmed, holding that the quality and nature of the defendants' activities related to this action did not support personal jurisdiction. View "Wheelbarger v. Detroit Diesel ECM, LLC" on Justia Law

The Supreme Court affirmed the decision of the district court granting summary judgment in favor of Respondents, the Board of Parole and one of its officers, and denying the writ of mandamus sought by Appellant, a committed offender serving an indeterminate sentence, holding that there was no error.Appellant sought a writ of mandamus compelling Respondents to disclose the record of an informal parole review proceeding during which Appellant was interviewed by two Board members who found that Appellant was not reasonably likely to be granted parole. The district court denied the writ, concluding that the record was part of the individual file deemed confidential under Neb. Rev. Stat. 83-1,125.01 and that the record fell within the investigatory records exception of Neb. Rev. Stat. 84-712.05(5). The Supreme Court affirmed, holding that there was no error in the proceedings below. View "Jacob v. Neb. Bd. of Parole" on Justia Law

The Supreme Court affirmed the judgment of the district court finding that Tonya Edwards and Jennifer Edwards failed to state a claim for contribution or indemnity and denying the Edwardses' claim for subrogation, holding that there was no error.The Edwardses, as assignees of Douglas County, brought complaints against the estate of Kenneth Clark seeking to recover expenses that County incurred in defending and settling lawsuits the Edwardses brought against it for allegedly responding negligently to acts of assault and battery committed by Clark. The district court concluded that the County was immune under the Political Subdivisions Tort Claims Act from claims arising out of battery, and therefore, the County did not have a common liability with Clark's estate. The court thus denied the claims for contribution or indemnity and for subrogation. The Supreme Court affirmed, holding that the district court did not err in dismissing the Edwardses' complaint. View "Edwards v. Estate of Clark" on Justia Law

The Supreme Court affirmed Defendant's conviction for driving under the influence (DUI) but reversed his conviction for violating a municipal traffic signal law, holding that Neb. Rev. Stat. 60-6,123(3)(c) preempted the city ordinance under which Defendant was convicted.Defendant moved to quash count two charging him with violating a municipal traffic signal law and moved to suppress the evidence derived from a traffic stop, which the state intended to offer to prove the charges in count one charging him with DUI, first offense. The county court ruled that city ordinance at issue was not preempted by state law and denied relief. The district court and court of appeals affirmed Defendant's convictions. The Supreme Court reversed in part, holding (1) the city ordinance was preempted by state law; and (2) it was objectively reasonable for the officer who stopped Defendant to presume that the ordinance was enforceable, and therefore, the county court did not err in denying Defendant's motion to suppress. View "State v. Albarenga" on Justia Law

The Supreme Court affirmed the juvenile court's adjudication of Appellant for obstruction of a peace officer, holding that serving a protection order falls within the preservation of the peace element of the misdemeanor offense and that the State proved the remaining elements.On appeal, Appellant argued that the State failed to prove beyond a reasonable doubt that he committed the crime of obstructing a peace officer. The Supreme Court disagreed and affirmed the juvenile court's order adjudicating Appellant to be a child within the meaning of Neb. Rev. Stat. 43-247(1), holding that the State adduced sufficient evidence to prove the elements of the offense beyond a reasonable doubt. View "In re Interest of Elijahking F." on Justia Law

The Supreme Court affirmed in part and reversed in part and remanded this matter for a new trial, holding that the district court erred in proceeding to a trial without a jury on Plaintiff's causes of action for breach of contract, breach of guaranty, and unjust enrichment.Plaintiff's brought this complaint against Defendants for, among other causes of action, forcible entry and detainer. The district court granted relief on the forcible entry and detainer claim, ordering restitution. After a bench trial, the district court heard the remaining causes of action and awarded damages to Plaintiff. The Supreme Court reversed in part, holding (1) Plaintiff's remaining causes of action were legal in nature, and the issues of fact that arose thereunder entitled Defendants to a jury trial unless waived; and (2) there was no waiver of Defendants' right to a jury trial. View "132 Ventures, LLC v. Active Spine Physical Therapy, LLC" on Justia Law