Justia Nebraska Supreme Court Opinion Summaries

In this marital dissolution action, the Supreme Court reversed the judgment of the court of appeals to the extent it affirmed the district court's disposition of Husband's 401K accounts, holding that the court of appeals and the district court erred in their application of the active appreciation rule.In its dissolution decree, the district court found that Wife should be awarded $10,500 from a 401K account owned by Husband but otherwise awarded Husband all funds in his retirement and investment accounts. The court of appeals affirmed the decree. The Supreme Court reversed in part, arguing that although the value of the 401K account at issue at the time of the parties' marriage was Husband's nonmarital property, under the active appreciation rule, the growth in that account during the marriage was marital. The Supreme Court agreed, holding that the increase in the value of the 401K account should have been treated as marital property subject to equitable division, and the lower courts abused their discretion in finding otherwise. View "Higgins v. Currier" on Justia Law

The Supreme Court reversed the order of the district court dismissing Benjamin M.'s amended complaint seeking to establish custody, support, and parenting time, holding that the district court erred in failing to give proper legal effect to the two notarized acknowledgments of paternity Benjamin filed contemporaneously with his amended complaint.Benjamin and Jeri were the parents of two minor children, F.M. and L.M. The parents executed notarized acknowledgments of paternity for each child. Benjamin later filed a complaint seeking to establish paternity, child support, and parenting time. Jeri moved to dismiss the action as time-barred. Thereafter, Benjamin filed an amended complaint to establish child custody, child support, and parenting time and offered into evidence certified copies of the notarized acknowledgements of paternity for both children. The district court dismissed the case as being time-barred. The Supreme Court reversed and remanded the cause for further proceedings, holding (1) where there is a properly executed and unchallenged acknowledgment of paternity, an action for establishment of paternity should be treated solely as an action to determine the issues of custody and support; and (2) the district court erred in failing to give proper legal effect to the signed, notarized acknowledgments of paternity in this case. View "Benjamin M. v. Jeri S." on Justia Law

The Supreme Court affirmed Defendant's conviction for driving under the influence (DUI), fourth offense, holding that the district court did not err by receiving evidence of a prior conviction offered by the State in support of sentence enhancement.Defendant pleaded guilty to DUI and driving under suspension. At a sentence enhancement proceeding, the State sought to introduce evidence of Defendant's three prior DUI convictions. Defendant objected to the admission of records of his 2010 DUI conviction, arguing that those records did not affirmatively show that he had counsel or had knowingly, intelligently, and voluntarily waived the right to counsel before entering his guilty plea in that case. The Supreme Court affirmed, holding that the district court did not err by receiving records of Defendant's 2010 DUI conviction and finding that his conviction in this case was his fourth offense. View "State v. Teppert" on Justia Law

The Supreme Court affirmed the judgment of the district court finding compensation totaling $4,625,967 for Elkhorn School District's taking of forty-three acres of Tribedo, LLC's property, holding that the district court did not err in its trial rulings nor in accepting the jury verdict for total compensation due to Tribedo.After the board of appraisers awarded $2,601,600 for the taking Tribedo appealed, alleging that the award did not reflect the fair market value of the property taken and did not adequately compensate for damages to the remainder of Tribedo's property. Following the jury's verdict, Elkhorn moved for a new trial. The district court denied the motion and granted Tribedo's posttrial motions for an award of interest and attorney fees. The Supreme Court affirmed, holding (1) there was no error in the proceedings below; (2) the district court did not err when it accepted the jury verdict; and (3) the district court did not abuse its discretion when it awarded Tribedo $590,925 in attorney fees. View "Douglas County School District No. 10 v. Tribedo, LLC" on Justia Law

The Supreme Court affirmed Defendant's convictions and sentences for two counts of third degree sexual assault of a child, one count of attempted incest, and one count of attempted first degree sexual assault, holding that the district court did not commit plain error when it allowed certain testimony and that Defendant's sentences were not an abuse of discretion.On appeal, Defendant argued (1) the district court committed plain error when it allowed an investigator to testify regarding indicators of deception exhibited by Defendant in an interview, and (2) the district court imposed excessive sentences. The Supreme Court disagreed, holding (1) the testimony regarding indicators of deception was not plain error; and (2) Defendant's sentences of imprisonment, rather than probation, were not an abuse of discretion. View "State v. Senteney" on Justia Law

The Supreme Court affirmed Defendant's drug possession conviction, holding that the district court did not err in overruling Defendant's motion to suppress.Defendant was a passenger in a vehicle that was stopped for not having license plates. During the traffic stop, the officer obtained the driver's consent to search the vehicle. The officers found methamphetamine in a purse located on the front passenger floorboard. The purse belonged to Defendant. Defendant filed a motion to suppress, arguing that the search violated her Fourth Amendment protections against unlawful searches and seizures because she did not consent to the search of her purse. The district court overruled the motion. After a bench trial, Defendant was found guilty. The Supreme Court affirmed, holding that the search was constitutional because the officer reasonably believed that the driver could have owned the purse and the officer found the contraband in plain view upon opening the wallet that contained Defendant's identification. View "State v. Andera" on Justia Law

The Supreme Court affirmed the decision of the district court granting judgment in favor of an accountant and his new firm on his claims against his former firm, holding that the judgment was not in error.After Plaintiff left one firm to join another, he sued Defendant, his former firm, with whom he was a shareholder and officer. Plaintiff alleged that Defendant failed to perform a mandatory provision in the shareholder agreement to buy out a departing shareholder's corporate shares at a price that accounted for lost billings by virtue of clients following a departing shareholder. Defendant brought counterclaims for breach of fiduciary duty and misappropriation of confidential information and third-party claims against Plaintiff's new firm, including tortious interference with business expectations. All claims presented to the jury were determined in favor of Plaintiff and his new firm. The Supreme Court affirmed, holding that all claims were correctly decided in favor of Plaintiff and his new firm. View "Dick v. Koski Professional Group, P.C." on Justia Law

The Supreme Court affirmed the order of the district court affirming Defendant's convictions and sentences for operating a motor vehicle to avoid arrest and obstructing a police officer, holding that the district court did not err when it affirmed the convictions and sentences.On appeal, Defendant argued, among other things, that the district court erred in affirming her allegedly excessive sentence and in directing that her appearance bond be applied to fines and costs. The Supreme Court affirmed, holding (1) the county court did not abuse its discretion when imposing sentence; (2) the county court did not err in ordering that Defendant's bond be applied to fines and costs; and (3) Defendant did not show that counsel provided ineffective assistance. View "State v. Collins" on Justia Law

In this insurance dispute, the Supreme Court affirmed the decision of the district court granting summary judgment for Allstate Indemnity Company, holding that property loss from Plaintiffs' tenants' producing or using methamphetamine indoors was not a covered peril under the insurance policy.Plaintiff filed an insurance claim alleging that his tenants damaged his rental house by producing or using methamphetamine indoors. Allstate denied the claim. Plaintiff subsequently filed a complaint against Allstate alleging breach of contract and bad faith. The district court granted summary judgment for Allstate, concluding that Plaintiff's property loss was excluded from coverage under certain portions of the insurance policy and was not covered by other portions of the policy. The Supreme Court affirmed, holding that Plaintiff's assignments of error were without merit. View "Kaiser v. Allstate Indemnity Co." on Justia Law

The Supreme Court dismissed this appeal from an order of the district court declining to issue a writ of mandamus in order for Appellant to obtain an audio recording of his criminal trial, holding that the district court lacked jurisdiction of this action for writ of mandamus, and therefore, the Supreme Court lacked jurisdiction of this appeal.Appellant, an inmate, filed a complaint for writ of mandamus seeking, under Neb. Rev. Stat. 84-712 et seq. (the public records statutes), to obtain an audio recording of his criminal trial. The district court district court denied and dismissed Appellant's action for writ of mandamus, concluding that the public records statutes were inapplicable to Appellant's request and that access to the record of court proceedings was governed by court rules rather than the public records statutes. The Supreme Court dismissed Appellant's appeal, holding that because Appellant did not file motion and affidavit or a verified petition, the district court lacked jurisdiction of this proceeding for mandamus. View "State ex. rel. Malone v. Baldonado-Bellamy" on Justia Law