Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court affirmed Defendant's convictions and sentences for conspiracy to distribute a controlled substance and for aiding and abetting a robbery, holding that the district court did not violate Defendant's right to confrontation when it allowed a witness to testify via two-way interactive video.The Supreme Court affirmed Defendant's convictions, holding that the district court did not err when it (1) overruled Defendant's confrontation objection to the testimony of the witness at issue, who had tested positive for COVID-19 and was experiencing symptoms; (2) determined that the foundation was sufficient to admit the witness's testimony regarding his translation of Spanish words spoken by Defendant; (3) admitted certain Facebook messages; and (4) sentenced Defendant. Lastly, there was sufficient evidence to support Defendant's convictions. View "State v. Comacho" on Justia Law

The Supreme Court affirmed the decision of the court of appeals reversing the conclusion of the Buffalo County Court that the Phelps County Court lacked jurisdiction to transfer this case to Buffalo County and dismissing the case for lack of jurisdiction, holding that the court of appeals did not err.Jodi Ronhovde and Austin Peterson were in a sexual relationship before Jodi gave birth to a child. Jodi subsequently married and joined her husband in seeking a stepparent adoption. The complaint was filed in the Phelps County Court, and Jodi identified Austin as the child's biological father. Austin then motioned for a change of venue to Buffalo County, which the Phelps County Court granted. Jodi filed a motion to dismiss, arguing that the Phelps County Court never had jurisdiction and, therefore, could not have transferred the case. The Buffalo County Court agreed. The court of appeals reversed. The Supreme Court affirmed, holding (1) the language of Neb. Rev. Stat. 43-104.05(4)(a) did not confer jurisdiction; and (2) the court of appeals did not err in reversing the dismissal of Austin's complaint by the Buffalo County Court. View "Peterson v. Jacobitz" on Justia Law

The Supreme Court reversed the judgment of the probate court finding that an $875,000 charitable bequest to a nursing home facility lapsed and ordering the funds to be distributed to the residuary of the estate, holding that the bequest did not lapse.In the decedent's will, the decedent bequeathed the sum of $875,000 to Hamilton Manor, a nursing home facility in Aurora, Nebraska, owned by Hamilton County and operated through the Hamilton Manor Board of Trustees. Plaintiff, as personal representative, asked that the court find the charitable bequest had failed and order the proceeds to be administered as part of the residue of the estate. The court found that the bequest to Hamilton Manor had lapsed. The Supreme Court reversed, holding that the probate court erred in finding that the gift to Hamilton Manor had lapsed. View "In re Estate of Akerson" on Justia Law

The Supreme Court affirmed the order of the district court denying Defendant's motion for a new trial, holding that there was no merit to Defendant's arguments.Defendant was convicted of first degree murder and use of a deadly weapon to commit a felony. In his motion for a new trial, Defendant argued that new DNA evidence obtained through the DNA Testing Act that was acquired from two billfolds found near the victim's body warranted a new trial. The trial court disagreed, concluding that the DNA evidence, when considered with the evidence previously presented at Defendant's trial, did not warrant a new trial. The Supreme Court affirmed, holding (1) the district court did not err by not considering evidence that was not presented to the jury at Defendant's former trial and was not newly discovered DNA or similar forensic testing evidence; and (2) the district court did not err in concluding that the DNA testing results probably would not have produced a substantially different result had they been presented at Defendant's former trial. View "State v. Duncan" on Justia Law

The Supreme Court affirmed Defendant's conviction for perjury based on testimony she gave at her husband's trial on a misdemeanor charge, holding that there was neither error nor plain error in the proceedings below.Specifically, the Supreme Court held (1) the district court did not err in receiving the transcript from Defendant's husband's trial over Defendant's hearsay objections and did not err in overruling her motion for a directed verdict; and (2) the district court did not commit plain error by allowing the prosecutor to comment on Defendant's husband's conviction and to allow the jury to consider the transcript of the husband's trial without redacting a comment made by the judge. View "State v. Childs" on Justia Law

The Supreme Court affirmed the judgment of the district court denying Defendant's motion for testing under Nebraska's DNA Testing Act and his motion for the appointment of counsel, holding that the district court did not err in denying the motion.After a retrial, Defendant was convicted for a double homicide and sentenced to two terms of life imprisonment. The Supreme Court affirmed. Defendant later filed a motion for DNA testing on two types of evidence found at the crime scene. The district court denied the motion, concluding that the testing would not produce exculpatory evidence. The Supreme Court affirmed, holding that the motion was correctly denied because the DNA testing sought by Defendant would not result in noncumulative exculpatory evidence relevant to his wrongful conviction claim. View "State v. Jacob" on Justia Law

The Supreme Court affirmed the judgment of the trial court awarding Benjamin Melton workers' compensation benefits for a loss of foot and a partial loss of legs function after his leg was amputated below the knee, holding that the court's factual findings were not clearly wrong and there was no error of law.On appeal, Melton argued that the trial court erred in determining his loss and in deciding not to award a penalty regarding permanent loss of his foot or vocational rehabilitation. The Supreme Court affirmed, holding that the compensation court (1) did not determine Melton's loss based on use of his prosthesis; (2) did not clearly err in not awarding Melton a total loss for use of his left leg; (3) properly awarded a combined total of 193 weeks of compensation; (4) did not clearly err in failing to award a waiting-time penalty, interest, and attorney fees with respect to late payment of permanent disability benefits for the loss of Melton's foot; and (5) did not err in denying vocational rehabilitation benefits. View "Melton v. City of Holdrege" on Justia Law

The Supreme Court reversed the denial of Father's motion for an order to show cause based on Mother's relocation of the parties' minor child, holding that the district court abused its discretion in denying Father's motion.The decree of dissolution dissolving the parties' marriage awarded the parties joint legal and physical custody of the minor child. Two years later, Mother moved with the child from Burwell to Springfield. Father filed a motion for order to show cause and a motion for writ of assistance, requesting the court to direct law enforcement to take custody of the child and deliver the child to him. The district court denied Father's motions, finding the parties' parenting plan did not require the child to attend school in Burwell rather than Springfield. The Supreme Court reversed, holding (1) Mother's unilateral decision to relocate the child ran contrary to the parties' custody arrangement and deprived Father of court-ordered parenting time; and (2) therefore, the district court abused its discretion by denying Father's motion for an order to show cause. View "Vyhlidal v. Vyhlidal" on Justia Law

The Supreme Court affirmed the decision of Nebraska's Commission of Industrial Relations (CIR) dismissing a complaint brought by a bargaining agent against a public employer for prohibited labor practices, holding that the public employer did not commit any of the prohibited practices alleged in the complaint.Fraternal Order of Police Lodge 31 (FOP), the exclusive collective bargaining agent for a bargaining unit consisting of members of the York Police Department, brought this action against the City of York as the political subdivision that employed FOP's bargaining unit. FOP alleged that, in relation to a residency requirement for a promotion, the Department engaged in prohibited labor practices. The CIR dismissed the petition and refused to award attorney fees. The Supreme Court affirmed, holding that the Department did not commit any of the alleged prohibited labor practices. View "Fraternal Order of Police v. City of York" on Justia Law

The Supreme Court reversed the orders of the district court finding that the City of Bellevue lacked authority to adopt an ordinance to annex Landowners' land, holding that the district court erred by finding that the annexation was invalid for the reasons it identified.Landowners filed separate complaints asserting that the City had exceeded its authority and powers granted to a city of the first class by Neb. Rev. Stat. 16-130 because the subject land was not adjacent to or contiguous with the existing City limits and was agricultural and rural in character. The two actions were consolidated, and the district court found in favor of Landowners. The Supreme Court reversed, holding that the district court erred by finding that Landowners' properties were rural in character and were neither contiguous nor adjacent to the City. View "Darling Ingredients Inc. v. City of Bellevue" on Justia Law