Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court affirmed Defendant's conviction for child abuse, holding that the plain language of Neb. Rev. Stat. 81-1848 allows a victim both to fill out a victim impact statement to be included in the presentence investigation report and also to write and read a separate letter to be offered at the defendant's sentencing hearing.Defendant pled no contest to one count of misdemeanor child abuse. After a hearing, Defendant was sentenced to one year's imprisonment. Defendant appealed, arguing, among other things, that the district court abused its discretion by allowing the victim to submit a statement to be included in the presentence investigation report and also allowing her to read a separate letter that was offered into evidence for purposes of resentencing. The Supreme Court affirmed, holding (1) Defendant's first assignment of error was without merit; and (2) Defendant's sentence was not excessive. View "State v. Hurd" on Justia Law

The Supreme Court affirmed Defendant's conviction and sentence for violating a municipal ordinance prohibiting battery, holding that the Court was unable to read the merits of Defendant's appeal because he failed to provide notice, as required by Neb. Ct. R. App. P. 2-109(E).Defendant was denied a jury trial for his alleged violation of a municipal ordinance prohibiting battery despite a separate ordinance imposing a ten-year ban upon possession of firearms by a person convicted of violating the battery ordinance. Following a bench trial, the county court convicted Defendant of violating the battery ordinance. The district court affirmed. Defendant appealed, implicitly challenging the constitutionality of Neb. Rev. Stat. 25-2705, which prohibits jury trials for criminal cases arising under city ordinances. Defendant, however, failed to comply with the procedural rule governing constitutional challenges to statutes. The Supreme Court affirmed after strictly applying Rule 2-109(E), holding that the Court was unable to reach the merits of Defendant's appeal because he failed to provide the notice required by Rule 2-109(E). View "State v. Denton" on Justia Law

After Appellant appealed an order of the district court finding him in contempt of court and modifying terms of a parenting plan, the Supreme Court dismissed Appellant's appeal from an order of commitment and a purge order containing a reduction in Appellant's parenting time, holding that, as to the first appeal, there was no abuse of discretion, and that, as to the second appeal, there was no final order.The district court found Appellant in contempt of court for violating parenting provisions of a dissolution decree, imposed a suspended jail sentence, and modified terms of the parenting plan in this case. Appellant appealed this order. While the appeal was pending, the court entered an order of commitment and a purge order reducing Appellant's parenting time but setting the matter for a future review hearing. The Supreme Court affirmed as to the first appeal and dismissed the second appeal for lack of a final order, holding (1) the modifications at issue in the first appeal were part of the equitable relief the court had the authority to provide; and (2) the second appeal was not taken from a final order. View "Yori v. Helms" on Justia Law

The Supreme Court affirmed a series of orders fixing fees for court-appointed counsel in a juvenile proceeding, holding that the juvenile court did not abuse its discretion.After Mother's children were adjudicated under Neb. Rev. Stat. 43-247(3)(a) the State moved to terminate Mother's parental rights. The juvenile court denied the State's motion following a trial. The court of appeals affirmed. Thereafter, Mother filed three fee applications seeking payment for services rendered by court-appointed counsel. The court found Mother's requested fees were fair and reasonable and allowed the fee applications. The Supreme Court affirmed after clarifying the statutory framework for appealing such orders, holding that there was no abuse of discretion. View "In re Claim of Roberts for Attorney Fees" on Justia Law

The Supreme Court overruled the State's exceptions to the district court's dismissal of charges filed against Deborah Archer and Cory Russell, holding that there was no error in the district court's dismissal of the informations against Archer and Russell.Archer and Russell were charged with crimes involving their sale of products continuing cannabidiol, also known as CBD. After a hearing during which evidence was presented that the pharmacological effects of tetrahydrocannabinol, or THC, and CBD were not similar, the district court dismissed without prejudice the charges for failure of sufficient probable cause. The State filed an application taking exception to the district court's dismissals. The Supreme Court overruled the exceptions, holding that the district court did not err in dismissing the charges. View "State v. Archer" on Justia Law

The Supreme Court reversed the judgments of the district court dismissing Appellants' automobile negligence actions after the court determined that they were barred by the parental immunity doctrine, holding that the automobile negligence claims alleged in these cases fell outside the scope of Nebraska's parental immunity doctrine.Mother was driving a car with her minor children when the vehicle left the roadway and rolled several times. Mother and her daughter died from injuries sustained in the accident, and her son was seriously injured. The daughter's estate filed a wrongful death and survival action against Mother's estate, and the son filed a separate negligence action against Mother's estate. Both actions alleged that Mother's negligent operation of the vehicle caused the accident. The district court granted summary judgment for Mother's estate, concluding that the doctrine of parental immunity applied to bar the negligence claims. The Supreme Court reversed, holding that the negligence actions were not barred by the doctrine of parental immunity. View "Nolasco v. Malcom" on Justia Law

The Supreme Court affirmed the order of the district court that modified the decree dissolving Jayson Tilson's marriage, holding that there was no merit to Jayson's claims on appeal.In 2015, the court entered a decree of dissolution ordering the continuation of the maternal grandmother's legal and physical custody as to Jayson's three minor children. In 2017, Jayson filed a complaint requesting that the decree be vacated as void and that, in the alternative, the decree be modified to place custody of the children with him. The district court rejected Jayson's argument that the original decree was void, ordered that custody should remain with the grandmother, but modified the decree as to parenting time and child support. The Supreme Court affirmed, holding that there was no error on the part of the district court. View "Tilson v. Tilson" on Justia Law

The Supreme Court vacated the orders of the district court granting Defendant a new trial and absolute discharge, holding that the orders were void because the district court did not comply with the Supreme Court's mandate in an earlier appeal.In 2000, Defendant was convicted of first degree murder and use of a deadly weapon to commit a felony. Several unsuccessful motions and appeals followed, in which Defendant collaterally attacked his convictions and sentences. In 2017, the Supreme Court remanded for further proceedings in an appeal involving collateral attacks. On remand, the district court granted Defendant's motion for new trial and, later, his motion for absolute discharge on speedy trial grounds. The Supreme Court vacated those orders, holding that the district court did not comply with this Court's mandate in an earlier appeal. View "State v. Harris" on Justia Law

The Supreme Court affirmed the judgment of the district court entering summary judgment in favor of the State and dismissing Plaintiff's claims, including a violation of the Nebraska Wage Payment and Collection Act (NWPCA), Neb. Rev. Stat. 48-1228 to 48-1234, and denying Plaintiff's motion for class certification as moot, holding that the district court did not err.Plaintiff, an employee of the Nebraska Department of Health and Human Services (DHHS), sought to bring an action on behalf of himself and other DHHS employees against the State, alleging that DHHS's refusal to pay him for leave hours during pay periods in which he also worked his full complement of hours violated the NWPCA and other state laws. The district court sustained the State's motion for summary judgment and overruled Plaintiff's motion for class certification as moot. The Supreme Court affirmed, holding that there was no error in the proceedings below. View "Lassalle v. State" on Justia Law

The Supreme Court reversed the judgment of the district court dismissing First State Bank Nebraska's (First State) claims against MP Nexlevel, LLC seeking performance under a contract, holding that the district court erred in granting MP Nexlevel summary judgment and dismissing First State's complaint.MP Nexlevel contracted to pay Husker Underground Utilities & Construction, LLC for construction services. Due to separate loan agreements, First State held a security interest in Husker Underground's accounts. When Husker Underground failed to meet its loan obligations, First State sought direct payment of MP Nexlevel's obligations under the contract. However, MP Nexlevel continued to submit its payments to Husker Underground. First State ultimately brought suit against MP Nexlevel for performance under the contract. The district court concluded that First State lacked standing. The Supreme Court reversed, holding (1) Neb. Rev. Stat. 9-406(a) imposed a duty on MP Nexlevel to discharge its obligations under its agreement with Husker Underground by paying directly to First State; (2) MP Nexlevel breached its obligations to First State; and (3) First State was authorized by Neb. Rev. Stat. 9-607(a)(3) to step into Husker Underground's place and enforce MP Nexlevel's contractual obligations as adjusted by operation of section 9-406(a). View "First State Bank Nebraska v. MP Nexlevel, LLC" on Justia Law