Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court affirmed the order of the district court dismissing Defendant's motion for a new trial based on newly discovered evidence, holding that the district court did not err in dismissing the motion pursuant to Neb. Rev. Stat. 29-2102(2).Defendant was convicted of first degree murder and two counts of possession of a deadly weapon by a prohibited person. The Supreme Court affirmed Defendant's convictions and sentences. Defendant later filed a pro se motion for new trial. The district court dismissed the motion. Defendant appealed, arguing, among other things, that the district court erred when it failed to treat his motion as a postconviction motion and to consider his claims. The Supreme Court affirmed, holding that the district court (1) did not err when it considered Defendant's motion as a motion for new trial rather than considering it as a motion for postconviction relief; and (2) properly dismissed the motion without an evidentiary hearing. View "State v. Hill" on Justia Law

The Supreme Court affirmed the judgment of the district court denying Defendant's motion for postconviction relief after an evidentiary hearing, holding that the district court did not err in finding that trial counsel was effective.In his motion for postconviction relief, Defendant argued that trial counsel provided ineffective assistance by failing to file a direct appeal at Defendant's direction. The district court denied the motion after holding an evidentiary hearing. The Supreme Court affirmed, holding that the district court did not clearly err in finding that Defendant did not direct trial counsel to file a direct appeal, and therefore, trial counsel was not deficient in allegedly not filing the appeal. View "State v. Russell" on Justia Law

The Supreme Court affirmed the judgment of the district court convicting Defendant of possession of a controlled substance and two counts of carrying a concealed weapon, holding that there was no merit to Defendant's claims on appeal.On appeal, Defendant contended that the district court erred in overruling his motion to suppress, that he received ineffective assistance of counsel, and that the evidence was insufficient to convict him of carrying a concealed weapon. The Supreme Court affirmed, holding (1) because there was no Fourth Amendment violation the court properly overruled Defendant's motion to suppress; (2) there was sufficient evidence to support the verdict; and (3) trial counsel did not perform deficiently. View "State v. Lowman" on Justia Law

The Supreme Court affirmed the judgment of the district court finding that State Farm Fire & Casualty Company had no obligation to defend or indemnify TFG Enterprises, LLC and its principal, Jeffrey Leonard, in a lawsuit, holding that the district court correctly concluded that State Farm had no potential liability under the insurance policy at issue.Jeffrey Barkhurst filed a lawsuit against TFG and Leonard (together, Defendants) asserting that they were liable for breach of contract, negligent misrepresentation, and fraudulent concealment. State Farm agreed to defend Defendants in a reservation of rights and then filed this action seeking a declaration that it owed no coverage obligations to Defendants under the rental policy State Farm had issued to TFG. The district court granted summary judgment in favor of Stat Farm, finding that State Farm had no coverage obligations. The Supreme Court affirmed, holding the State Farm had no potential liability from the underlying lawsuit under the rental policy and thus had no duty to defend or indemnify Defendants. View "State Farm Fire & Casualty Co. v. TFG Enterprises, LLC" on Justia Law

The Supreme Court affirmed Defendant's sentences in both a 2016 criminal case and a 2018 criminal case, holding that the district court did not err in its award of credit for time served.In the first criminal proceeding, commenced in 2016, Defendant entered pleas of guilty to one count of delivery of a controlled substance and one count of attempted delivery of a controlled substance. In 2018, in the second criminal proceeding, Defendant entered a plea of no contest to several offenses. Defendant appealed, challenging both sentences. The court of appeals found plain error and vacated several sentences imposed in both cases. On remand, the district court resentenced Defendant in both cases. Defendant appealed, arguing that the district court failed to award him all of the credit for time served to which he was entitled for his sentences in the 2018 case. The Supreme Court affirmed, holding that there was no error in the district court's sentences. View "State v. Wines" on Justia Law

The Supreme Court reversed the judgment of the court of appeals affirming the district court's denials of Defendant's motions for mistrial and new trial, holding that the district court erred in failing to hold an evidentiary hearing.Defendant was convicted of first degree sexual assault. Defendant filed motions for mistrial and new trial after the district court mistakenly failed to dismiss an alternate juror who remained with the jury during the first hour of deliberations. The district court denied the motions, and the court of appeals affirmed. The Supreme Court reversed and remanded the case, holding that the district court erred in failing to hold an evidentiary hearing regarding the alternate juror participation in deliberations. View "State v. Madren" on Justia Law

The Supreme Court affirmed the judgment of the district court evicting Defendant from a property and quieting title to it in Plaintiff, Defendant's former husband's corporation (the corporation) but awarding Plaintiff a judgment for the money she provided for its downpayment, holding that the district court did not err.After Plaintiff failed to pay rent for two years the corporation initiated eviction proceedings. Plaintiff denied being a tenant and claimed to co-owned the property. Plaintiff then filed a complaint asking the district court to quiet title to the property in the corporation and restore the premises to it. Defendant filed a countercomplaint requesting partition or, alternative, a constructive trust and restitution. The district court quieted title to the property in Plaintiff. The Supreme Court affirmed, holding that the court did not err in quieting title to the corporation, declining to partition the property or impose a constructive trust upon it, restoring the premises to the corporation, and awarding Defendant a monetary judgment for an unpaid loan. View "Dreesen Enterprises, Inc. v. Dreesen" on Justia Law

The Supreme Court affirmed the judgment of the juvenile court adjudicating Prince R. as a child who lacked proper parental care by reason of the fault or habits of his parents, holding that the juvenile court did not err.In its adjudication petition, the State asserted that Prince's parents had failed to ensure that Prince received necessary medical care after he was diagnosed with a rare form of cancer. After a hearing, the juvenile court found that Prince lacked proper parental care by reason of the fault or habits of the parents and that the parents' actions placed Prince at a definite risk of harm. The Supreme Court affirmed, holding that the juvenile court did not err by adjudicating Prince as a child that lacked proper parental care by reason of the fault or habits of his parents. View "In re Prince R." on Justia Law

The Supreme Court affirmed the decision of the county court declining to approve a nonjudicial settlement agreement, holding that the agreement violated a material purpose of the trust, of which Appellant was a beneficiary.Appellant, a beneficiary of a trust created by his father, now deceased, filed this action in the county court seeking approval of a trust settlement agreement entered into between Appellant, his mother, and his sister. Appellant further sought an order requiring compliance with the terms of the agreement. The trial court issued an order rejecting the agreement and finding that the agreement was nonbinding under Neb. Rev. Stat. 30-3811. The Supreme Court affirmed, holding that the probate court did not err in finding that the agreement altered a material purpose of the trust and in declining to approve the agreement. View "In re Trust Created by McGregor" on Justia Law

The Supreme Court affirmed the judgment of the district court dismissing Appellant's complaint to modify the parties' divorce decree and parenting plan with the ultimate objective of allowing her to move with the parties' children to Nebraska, holding that the district court correctly determined that proper jurisdiction of the issue is with Arizona.After the decree and parenting plan were entered, the district court entered an order modifying the parenting plan to permit the parties to move from Nebraska to Arizona. After the parties and the children moved to Arizona Appellant filed the current complaint. The district court dismissed the complaint to modify, determining that it lacked continuing exclusive jurisdiction over the child custody determination and that proper jurisdiction of the current issue is with Arizona. The Supreme Court affirmed, holding that the district court's jurisdictional ruling was proper and that Appellant's assignments of error were without merit. View "Hogan v. Hogan" on Justia Law