Justia Nebraska Supreme Court Opinion Summaries

In this criminal case, the Supreme Court affirmed the judgment of the district court denying Defendant's motion for absolute discharge upon determining that a forty-two-day continuance granted at the State's request was excluded from the speedy trial calculation, holding that the district court did not err in denying the motion.On appeal, Defendant argued, among other things, that the district court was bound by a prior oral ruling that the speedy trial clock would run during the State's continuance unless it specifically addressed the prior order before it could determine whether the State's continuance was excluded from the speedy trial calculation under Neb. Rev. Stat. 29-1207(4). The Supreme Court affirmed, holding that the district court did not abuse its discretion in finding that the period of the State's continuance was excluded and in denying Defendant's motion for discharge. View "State v. Nelson" on Justia Law

The Supreme Court affirmed the judgment of the district court convicting Defendant of attempted incest and intentional child abuse resulting in death, holding that Defendant was not entitled to relief on his allegations of error.Z.M. attempted suicide by taking her mother's prescription steroid pills. At the emergency room she reported that "her father [Defendant] sexually abused her and she was trying to commit suicide." Two years later, Z.M. expressed a desire to reunify with Defendant, after which Defendant sexually propositioned her. Later that year, Z.M. committed suicide. Defendant pled guilty to attempted incest, and a jury convicted him of intentional child abuse resulting in death. The Supreme Court affirmed, holding (1) the child abuse resulting in death statute is not void for vagueness; (2) the evidence was sufficient to support Defendant's convictions; (3) the district court did not commit reversible evidentiary errors; (4) there was no error in the jury instructions; and (5) Defendant's remaining allegations of error were unavailing. View "State v. Matteson" on Justia Law

The Supreme Court affirmed as modified the decision of the district court continuing a harassment protection against Justina R. in favor of Diedra T. and Diedra's two minor children, holding that the order must be modified to exclude the children.Dustina, Diedra, and Diedra's husband had sexual relations. Diedra later filed a petition to obtain a harassment protection order against Justina on behalf of herself and her children, alleging that after Diedra had ended the sexual relationship Justina had harassed her. The district court ruled in Deidra's favor to the as to the harassment protection order. The Supreme Court affirmed as modified, holding (1) there was sufficient evidence to continue the harassment protection order in Diedra, and there was no violation of Justina's due process rights during the proceedings; and (2) the record showed insufficient evidence to warrant continuing the harassment protection order as to the children. View "Diedra T. v. Justina R." on Justia Law

The Supreme Court affirmed the judgment of the district court calculating the fair value of certain shares following the Supreme Court's remand in an earlier appeal and setting forth a payment plan, holding that there was no merit to the minority shareholder's assigned errors.A minority shareholder filed a petition for judicial dissolution of Benes Service Co. (BSC), after which BSC exercised its right to purchase the minority shareholder's stock. Following remand, the district court calculated the fair values of the shares at issue and set forth a payment plan. The minority shareholder appealed. The Supreme Court affirmed, holding (1) there was no basis to conclude that the district court's payment plan was an abuse of discretion; and (2) there was no error in the failure to require BSC to pay interest. View "Bohac v. Benes Service Co." on Justia Law

The Supreme Court affirmed the order of the district court granting summary judgment in favor of Defendant, Millard Public Schools, and dismissing Plaintiff's action brought under the Nebraska Wage Payment and Collection Act (NWPCA), Neb. Rev. Stat. 48-1228, holding that the district court did not err.Defendant underpaid Plaintiff, a public school teacher, for several years. In 2018, the salary error was discovered, and Defendant corrected Plaintiff's salary retroactive to the start of the 2018-19 year. Relying on a provision in the collective bargaining agreement (CBA) stating that any errors found in salutary "shall only be corrected retroactive to the beginning of the year in which the error was discovered." Plaintiff brought this suit, alleging that he had an individual statutory right to payment under the NWPCA and that this right could not be waived. The district court granted summary judgment for Defendant. The Supreme Court affirmed, holding that the district court did not err in determining that the compensation sought by Plaintiff was not "wages" as defined under the NWPCA and that the terms of the CBA on which the district court relied were not against public policy. View "Hoagbin v. School District No. 28-0017" on Justia Law

The Supreme Court dismissed this purported appeal brought by K.C. after the district court ordered an evaluation of K.C. and preparation of a plan pursuant to the Development Disabilities Court-Ordered Custody Act (DDCCA), Neb. Rev. Stat. 71-1101 to 71-1134, holding that the order was not final or appealable.The State filed a petition pursuant to the act seeking court-ordered custody and treatment for K.C., alleging that K.C. was a person with a developmental disability who posed a threat of harm to others and was in need of court-ordered custody and treatment. After a hearing, the district court issued an order adjudicating K.C. under the DDCCA. Prior to submission of any plan or dispositional hearing, K.C. filed an appeal. The Supreme Court dismissed the appeal, holding that the Court lacked jurisdiction over the appeal. View "In re Interest of K.C." on Justia Law

The Supreme Court affirmed the decision of the district court to enter an abuse protection order against Jamie P. in favor of her father, William P., following a hearing at which Jamie did not appear, holding that there was no error or abuse of discretion in the issuance of the protection order against Jamie.William filed a petition asking police to remove Jamie from his home due to her domestic abuse. The district court entered an order to show cause. Jamie did not appear at the show cause hearing, and the district court entered a domestic abuse protection order against her. The Supreme Court affirmed, holding (1) Jamie was properly served with prior notice; and (2) because this Court lacked an adequate record, it was required to presume that the evidence supported the district court's decision to grant a protection order against Jamie. View "William P. v. Jamie P." on Justia Law

The Supreme Court affirmed Defendant's convictions for first degree murder and use of a deadly weapon to commit a felony, holding that the evidence was sufficient to support the convictions and that Defendant's counsel provided effective assistance.Specifically, the Supreme Court held (1) the State presented circumstantial evidence to prove that Defendant killed the victim purposely and with deliberate and premeditated malice and met its burden of proving each element beyond a reasonable doubt; and (2) Defendant failed sufficiently to allege ineffective assistance of trial counsel under Strickland v. Washington, 466 U.S. 668 (1984). View "State v. Miranda" on Justia Law

The Supreme Court affirmed the judgment of the district court dismissing this complaint brought by Plaintiff, an inmate in the Nebraska Department of Correctional Services system, against the Department and several of its officials (collectively, DCS) under 42 U.S. 1983 and the Administrative Procedure Act (APA) regarding Plaintiff's tentative release date, holding that there was no error.Plaintiff sued DCS under section 1983 and the APA, alleging that DCS violated both his Eighth and Fourteenth Amendment rights to have his "sentence determined consistent with the statutes and case law of Nebraska." DCS moved to dismiss the complaint, arguing that the entire was barred by claim preclusion. The district court agreed with DCS and dismissed the complaint. The Supreme Court affirmed, holding that the district court (1) did not err in dismissing Plaintiff's action with prejudice; and (2) did not err in not granting Plaintiff leave to amend. View "Schaeffer v. Frakes" on Justia Law

The Supreme Court affirmed the judgments of the district court relying on the single publication rule to determine when the underlying defamation claim accrued, holding that the district court properly applied the single publication rule.In 2019, Roses Roses posted a review on Timothy Ashford's Google business page stating that he was a "disheveled, unorganized, unreliable attorney with questionable ethics...[.]" Ashford filed two separate lawsuits alleging defamation. The district court entered orders granting summary judgment in favor of Defendants. At issue on appeal was the applicability of the single publication rule to allegedly defamatory internet publications. The Supreme Court affirmed, holding (1) there was no error in the district court's application of the single publication rule; and (2) Ashford's remaining assignments of error were without merit. View "Ashford v. Roses" on Justia Law