Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court vacated the judgment of the district court dismissing Appellant's petition to establish grandparent visitation with her minor grandchildren for lack of subject matter jurisdiction, holding that the district court erred in determining that it lacked jurisdiction.The biological grandmother of the children at issue in this case, filed a petition to establish grandparent visitation with her minor grandchildren. The parents filed a motion to dismiss for lack of subject matter jurisdiction. The district court granted the motion to dismiss, concluding that it lacked subject matter jurisdiction over the petition because allowing the grandmother visitation would infringe on the parents' fundamental liberty interest in raising their children. The Supreme Court vacated the judgment, holding that the district court erred in concluding that it lacked subject matter jurisdiction. View "Kane v. Kane" on Justia Law

The Supreme Court affirmed the judgment of the district court convicting Defendant of first degree sexual assault, holding that there was no error in the proceedings below.On appeal, Defendant argued that the district court erred in finding sufficient evidence to find him guilty and instructing the jury as to the definition of sexual penetration. The Supreme Court affirmed, holding (1) there was no merit to Defendant's sufficiency of the evidence argument; and (2) there was no error in the court's instructions to the jury regarding the term "penetration." View "State v. Garcia" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court granting Barbara Humphrey's motion for summary judgment as to partition of certain property and denying both parties' motions for summary judgment as to unjust enrichment, holding that the court erred in granting summary judgment as to Barbara's partition claim.Donald Humphrey and Edward Smith purchased a home together, and Donald paid a portion of the purchase price. The parties agreed this was to be a loan and memorialized their understanding in a loan agreement wherein they agreed that Donald would remove his name from the property's ownership when the loan was repaid. After Donald died, Barbara, his wife, brought a complaint for partition of the property, arguing that she and Smith were tenants in common. Smith counterclaimed for unjust enrichment, asserting that Donald forgave the remainder of the loan before he died, leaving Smith as the property's sole owner. The district court granted summary judgment for Barbara as to partition and denied summary judgment on all other claims. The Supreme Court reversed in part, holding that the district court erred in granting summary judgment in favor of Barbara on the issue of partition. View "Humphrey v. Smith" on Justia Law

The Supreme Court affirmed the order of the district court that $18,000 in cash be forfeited to the State after finding that the State had shown by clear and convincing evidence that the cash was used or intended to be used to facilitate a violation of the Uniform Controlled Substances Act, holding that there was no error.On appeal, Christopher Bouldin, from whom the cash was seized by a law enforcement officer during a traffic stop, argued that the district court applied an incorrect standard of proof and that there was insufficient evidence to order the forfeiture. The Supreme Court affirmed, holding (1) the district court applied the standard of proof required by the governing statute; and (2) the evidence was sufficient to support the district court's finding that the $18,000 was subject to forfeiture. View "State v. $18,000" on Justia Law

The Supreme Court reversed the judgment of the district court affirming the determination of the Nebraska Department of Labor that Appellant was disqualified from receiving unemployment benefits for fourteen weeks after his employment at JBS Swift Beef ended because he was discharged for misconduct, holding that remand was required.In his appeal to the district court, Appellant argued that the appeal tribunal erred in finding that he was disqualified from receiving unemployment benefits because he was discharged for misconduct and in thus imposing a fourteen-week benefit disqualification upon him. The district court affirmed. The Supreme Court reversed, holding that there was no competent evidence to support the district court's finding that JBS met its burden to prove Appellant was discharged for misconduct. View "Badawi v. Albin" on Justia Law

The Supreme Court affirmed the judgment of the county court adjudicating Xandria P. as a juvenile under Neb. Rev. Stat. 43-247(3)(a), holding that there was no merit to the appeal.The court's order of adjudication found that Xandria was a juvenile under section 43-247(3)(a) who was abandoned by her parent, lacked proper parental care, or whose parent neglected or refused to provide proper or necessary care. The court found that the home environment created by Xandria's parents was injurious to her health, safety, morals, and well-being. The Supreme Court affirmed, holding (1) the State sustained the adjudication petition by a preponderance of the evidence; and (2) the juvenile court had jurisdiction over the petition. View "In re Interest of Xandria P." on Justia Law

The Supreme Court affirmed the judgment of the district court finding that Plaintiff did not qualify for an extended redemption period under Neb. Rev. Stat. 77-1827 and that the tax certificate sale process at issue in this case did not violate Plaintiff's constitutional rights, holding that there was no error.Because Plaintiff did not pay her 2013 property taxes the Lancaster County treasurer to a private party. Three years later, the tax certificate holder applied for and obtained a tax deed to the property. Plaintiff subsequently brought this action seeking to quiet title to the property in her name, arguing that the issuance of the tax deed had violated her rights under the state and federal constitutions and that she had a statutory right to a five-year redemption period under Neb. Rev. Stat. 77-1827. The district court dismissed all claims. The Supreme Court affirmed, holding that the district court did not err when it determined that Plaintiff was not entitled to the statutory extended redemption period or when it dismissed her constitutional claims. View "Nieveen v. TAX 106" on Justia Law

The Supreme Court affirmed the judgment of the district court in this case arising from the death of a television crew member who was shot and killed while filming law enforcement activities at the scene of a robbery when officers fired their weapons at the suspect, holding that there was no error.The filming in this case was conducted pursuant to a contract between the City of Omaha and the television production activity. The estate of the deceased crew member sued the city for wrongful death, and the city brought a third-party claim against the production company. The district court granted summary judgment against the city on its third-party claims. After a trial as to the estate's wrongful death claim, the court rendered judgment for the city, ruling that the wrongful death action was barred by sovereign immunity. The Supreme Court affirmed, holding that the district court did not err in its judgment. View "Dion v. City of Omaha" on Justia Law

The Supreme Court affirmed Defendant's conviction of second degree murder and sentence of a period of incarceration of no less than sixty years and no more than life, holding that Defendant was not entitled to relief on his claims of error.Pursuant to a plea agreement, Defendant pled guilty to one count of second degree murder. Under the plea agreement, the State agreed to make a recommendation of a sentence of twenty years. After she was sentenced, Defendant brought this appeal, arguing that the State engaged in prosecutorial misconduct by failing to make a sentencing recommendation consistent with the plea agreement and claiming that the sentence was excessive. The Supreme Court affirmed, holding (1) the prosecutor's remarks regarding sentencing did not breach the plea agreement and were not improper; and (2) the district court did not impose an excessive sentence. View "State v. Cooke" on Justia Law

The Supreme Court reversed the order of the district court declining Father's request for a contempt citation after Mother moved the parties' child to another school in a district town without obtaining a modification of the marital dissolution decree, holding that the district court erred.The decree in this case, a settlement agreement, and a parenting plan granted joint legal and physical custody of the parties' child to Mother and Father. When Mother moved with the child, Father requested a contempt citation. The district court declined the request, and the Supreme Court reversed. On remand, the district court found no violation or willfulness. The Supreme Court reversed, holding that the district court erred in its assessment of Mother's actions and in its interpretation of the decree. View "Vyhlidal v. Vyhlidal" on Justia Law