Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the district court convicting Defendant, following a jury trial, of disturbing the peace, holding that the district court did not err by reviewing his appeal only for plain error and that the record was insufficient to reach Defendant's argument that trial counsel was ineffective for failing to file a statement of errors.Defendant's counsel timely appealed Defendant's county court conviction and later filed a bill of exceptions but did not file a statement of errors within ten days of filing the bill of exceptions. Consequently, the district court reviewed the appeal only for plain error and affirmed the judgment below. The Supreme Court affirmed, holding (1) the district court did not err by limiting its review to plain error; and (2) the record was insufficient to reach Defendant's remaining argument. View "State v. Warren" on Justia Law

The Supreme Court affirmed the judgment of the district court convicting Defendant, after a jury trial, of sexual assault in the first degree, holding that the district court did not abuse its discretion in prohibiting Defendant from questioning the complaining witness, J.K., about her prior allegation against a doctor.On appeal, Defendant argued that the district court erred by prohibiting from asking J.K. about an allegation she made against her prenatal doctor regarding inappropriate touching during the course of a prenatal examination. The Supreme Court affirmed, holding that the district court's decision to exclude the evidence did not violate Defendant's constitutional right to confront his accuser. View "State v. Ali" on Justia Law

The Supreme Court reversed the judgment of the district court granting Defendant's motion to dismiss Plaintiff's complaint seeking dissolution of her marriage to Defendant, holding that the district court erred by dismissing this action for lack of subject matter jurisdiction.In his motion to dismiss, Defendant asserted that the parties were legally divorced in Venezuela, and therefore, the district court lacked subject matter jurisdiction over the dissolution action under Rule 12(b)(1) and lacked personal jurisdiction over Defendant under Rule 12(b)(2). The district court sustained the motion to dismiss. The Supreme Court reversed, holding (1) the district court erred in concluding that it lacked subject matter jurisdiction over the dissolution action because the complaint's allegations sufficiently established the court's subject matter jurisdiction over the marital relationship; and (2) the district court erred to the extent it relied on its equitable estoppel findings to support dismissal for lack of subject matter jurisdiction. View "Bleich v. Bleich" on Justia Law

The Supreme Court affirmed the decision of the court of appeals dismissing Appellant's appeal from an order of the county court that ruled on Appellant's petition for trust administration, holding that the order from which Appellant attempted to appeal was not a final order.Appellant filed a petition for trust administration proceeding with regarding to a family trust. After the county court entered its order ruling on the petition Appellant appealed. The court of appeals dismissed the appeal. The Supreme Court affirmed, holding (1) the county court's ruling was not a final order in the trust administration proceeding; and (2) therefore, this Court lacked jurisdiction to hear this appeal. View "In re Estate of Scaletta" on Justia Law

The Supreme Court reversed the judgment of the probate court denying a petition to assess state inheritance tax under Neb. Rev. Stat. 77-2002(1)(b) on real property that Decedents had deeded to their daughter (Daughter) decades prior while continuing to exercise control over and paying taxes on the property until they died, holding that the property was subject to Nebraska inheritance tax under section 77-2002(1)(b).Daughter brought this petition to assess state inheritance taxes on the subject real property. The county court concluded that the property should not be included in the Decedents' estate for purposes of inheritance tax because it was not "intended to take effect in possession or enjoyment, after his or her death." The Supreme Court reversed, holding (1) the stipulated facts showed that Decedents intended to retain possession and enjoyment of the property until death; and (2) therefore, the property was subject to Nebraska inheritance tax under section 77-2002(1)(b). View "In re Estate of Lofgreen" on Justia Law

The Supreme Court affirmed the judgment of the district court denying Appellant's petition for writ of habeas corpus pursuant to Neb. Rev. Stat. 25-217, holding that the petition did not state a cognizable ground for relief.Appellant pled no contest to attempted first degree sexual assault and was sentenced to a term of imprisonment. Appellant later filed a petition for a writ of habeas corpus alleging that his conviction and sentence were void. The district court dismissed the action without prejudice pursuant to section 25-217. The Supreme Court affirmed, holding (1) the district court erred when it dismissed the habeas petition pursuant to section 25-217 because section 25-217 has no application to habeas corpus proceedings; and (2) upon de novo review, it was proper to dismiss the petition for writ of habeas corpus because none of the allegations in the petition set forth facts which, if true, would entitle Appellant to habeas relief. View "Childs v. Frakes" on Justia Law

The Supreme Court affirmed the judgment of the district court dismissing this complaint brought by Plaintiffs, Central States Development, LLC and Saint James Apartment Partners, against Defendants, Elizabeth Friedgut and the law firm of DLA Piper, LLP, holding that dismissal was proper.Friedgut, as DLA's employee, represented Plaintiffs in a dispute with the United States Department of Housing and Urban Development. Plaintiffs later brought a negligence case against Defendants in connection with that representation. The district court dismissed the complaint, concluding that Defendants did not have the requisite minimum contacts with Nebraska to establish personal jurisdiction. The Supreme Court affirmed, holding that the district court did not err in dismissing the complaint for lack of personal jurisdiction. View "Central States Development v. Friedgut" on Justia Law

The Supreme Court affirmed Defendant's conviction of murder in the first degree and criminal conspiracy to commit first degree murder and his sentence of death, holding that Defendant was not entitled to relief on his allegations of error on appeal.Specifically, the Supreme Court held (1) there was no merit to Defendant's challenges to the death qualification of his jury; (2) the trial court did not err by refusing to sever the trials on the charges for first degree murder and conspiracy to commit first degree murder; (3) the court’s release of the victim’s mother from sequestration after she testified was not an abuse of discretion; (4) the district court did not abuse its discretion in denying Defendant's motions for a mistrial and a new trial after a verbal outburst and act of self-harm in front of the jury; and (5) Defendant's constitutional challenges to Nebraska's sentencing scheme were unavailing. View "State v. Trail" on Justia Law

The Supreme Court affirmed the order of the juvenile court granting a change of placement for Jordon B., holding that there was no error in the proceedings below.The juvenile court granted temporary custody of Jordon to Foster Parents based on concerns that Mother and Father were not able to care for him. After the court adjudicated Jordon to be a child within the meaning of Neb. Rev. Stat. 43-247(3)(a) the court approved a case plan with a primary permanency plan of reunification. Mother subsequently filed a motion for change of placement. Foster Parents filed a motion to intervene, as did Stepbrother, the adult stepbrother to Jordon. The court determined that Foster Parents and Stepbrother lacked standing to intervene. The court subsequently granted Mother's motion for a change of placement. The Supreme Court affirmed, holding (1) Foster Parents did not have standing to appeal the placement order or the right to intervene as parties; and (2) because Stepbrother was not a "sibling" to Jordon, his request to intervene was properly denied. View "In re Jordon B." on Justia Law

In this case arising from a fatal vehicle accident the Supreme Court affirmed the order of the district court granting a directed verdict in favor of Broken Bow Public Schools (BBPS) and dismissed the cross-appeals as moot, holding that the district court did not err.Michael and Cathy Christensen brought this case individually and as parents of their son, Chad Christensen, who was seriously injured when a BBPS activities van in which Chad was a passenger was head by a truck driven by Albert Sherbeck. The Christensens separately sued the Sherbeck estate. The cases were consolidated. The court of appeals reversed a directed verdict in favor of BBPS. On remand, the district court granted a directed verdict in favor of BBPS and against the Christensens, dismissed the Christensens' complaint, and dismissed as moot the third-party complaint brought by BBPS against the Sherbeck estate. The Supreme Court affirmed the district court's directed verdict for BBPS and dismissed the cross-appeals as moot, holding that the district court correctly interpreted the relevant statutes. View "Christensen v. Broken Bow Public Schools" on Justia Law