Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court affirmed the decision of the Nebraska Workers' Compensation Court dismissing Plaintiff's petition alleging that she had sustained a severe and permanent brain injury as a result of an accident with a nail gun while she was at work for Builders Supply Company, Inc., holding that the compensation court did not err in concluding that Plaintiff had been willfully negligent.The workers' compensation court dismissed Plaintiff's petition upon finding that she intentionally shot herself in the head with the nail gun. The Supreme Court affirmed, holding that the compensation court (1) did not abuse its discretion in excluding the testimony of Plaintiff's expert witness as a discovery sanction; (2) did not abuse its discretion in declining to grant Plaintiff a second continuance; and (3) did not err in finding that Plaintiff acted with willful negligence. View "Eddy v. Builders Supply Co." 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 Defendant's motion for DNA testing.Defendant was convicted of first-degree murder and other crimes. Defendant later filed his motion for DNA testing pursuant to the DNA Testing Act, seeking to have certain items taken from the crime scene tested in order to exclude himself as a donor of any biological material. Defendant additionally claimed that the State withheld findings of biological evidence from him and asked that counsel be appointed. The district court denied relief, determining that the requested testing would not produce noncumulative exculpatory evidence. The court further determined that the State did not withhold evidence and denied Defendant's request for counsel. The Supreme Court affirmed, holding that the DNA testing requested by Defendant would not result in noncumulative exculpatory evidence relevant to his wrongful conviction claim. View "State v. Myers" on Justia Law

The Supreme Court affirmed the judgment of the district court dismissing as time barred this action brought under the State Tort Claims Act (STCA), Neb. Rev. Stat. 81-8,209 to 81-8,235, holding that the savings clause of Neb. Rev. Stat. 25-201.01 does not apply to an action under the STCA.It was undisputed that Plaintiff's lawsuit was filed outside the statute of limitations set forth in Neb. Rev. Stat. 81-8,227(1). At issue was whether Plaintiff could satisfy the requirements of the savings clause in section 25-201.01. The district court dismissed the action as time barred, finding that section 25-201.01 did not apply. The Supreme Court affirmed, holding that Plaintiff's STCA action was not timely commenced under the STCA and that the district court did not err in not applying the savings clause under section 25-201.01. View "Saylor v. State" on Justia Law

The Supreme Court affirmed the order of the district court denying Appellant's third motion for postconviction relief without an evidentiary hearing, holding that there was no merit to Appellant's claims on appeal.Defendant was convicted of two counts of first degree murder and other felony offenses and sentenced to death. In his third postconviction motion, Defendant alleged that the Legislature's statute providing for the repeal of the death penalty, 2015 Neb. Laws, L.B. 268, changed his death sentence to life imprisonment and that the rejection of L.B. 268 by public referendum imposed a death sentence, the referendum was constitutionally impermissible, and he was harmed thereby. The district court concluded that Defendant failed to allege sufficient facts that demonstrated a violation of his constitutional rights. The Supreme Court affirmed, holding that the district court did not err in denying postconviction relief. View "State v. Iddings" on Justia Law

The Supreme Court affirmed the order of the district court denying Appellant's third motion for post conviction relief without an evidentiary hearing, holding that there was no merit to Appellant's claims on appeal.Defendant was convicted of two counts of first degree murder and other felony offenses and sentenced to death. In his third postconviction motion, Defendant alleged that the Legislature's statute providing for the repeal of the death penalty, 2015 Neb. Laws, L.B. 268, changed his death sentence to life imprisonment and that the rejection of L.B. 268 by public referendum imposed a death sentence, the referendum was constitutionally impermissible, and he was harmed thereby. The district court concluded that Defendant failed to allege sufficient facts that demonstrated a violation of his constitutional rights. The Supreme Court affirmed, holding that the district court did not err in denying postconviction relief. View "State v. Torres" on Justia Law

The Supreme Court reversed the decision of the juvenile court declining to adjudicate a newborn that reportedly tested positive for methamphetamine on the grounds that the State failed to prove that he was at risk of harm, holding that the evidence demonstrated that the newborn lacked proper parental care due to his mother's fault or habits.The State sought to adjudicate the newborn, who had been in a hospital with Mother, and his two siblings, who lived with and received appropriate care from their grandmother, solely on the basis that the children lacked proper parental care. The juvenile court declined to adjudicate the children. The Supreme Court affirmed the juvenile court's decision as to the older siblings because they did not lack proper parental care but reversed as to the newborn, holding that the newborn lacked proper parental care, as demonstrated by Mother's drug use during pregnancy until the time of his birth. View "In re Interest of Jeremy U." on Justia Law

The Supreme Court affirmed the decision of the district court determining that a tax deed obtained by Adair Holdings, LLC was void for incorrect notice and granting the counterclaim for quiet title filed by Dennis G. Johnson, the owner of record, holding that summary judgment in favor of Johnson's counterclaim was proper and that equity did not require relief to be granted to Adair Holdings.Adair Holdings' predecessor in interest attempted to provide Johnson with notice of the application for a tax deed via certified mail and then by publication. The notice, however, contained incorrect information about the timeframe in which Johnson could redeem the property. The district court granted summary judgment in favor of Johnson and did not order Johnson to reimburse Adair Holdings for the delinquent taxes paid by Adair Holdings' predecessor in interest. The Supreme Court affirmed, holding (1) the district court correctly determined as a matter of law that the tax deed issued to Adair Management was void; (2) the district court did not err in granting summary judgment for Johnson on his quiet title claim; and (3) because Adair Holdings did not raise below the issue of recovery for payment of delinquent taxes, equity did not require that relief be granted. View "Adair Holdings, LLC v. Johnson" on Justia Law

The Supreme Court affirmed the judgment of the district court denying Defendant's motions for DNA testing and appointment of counsel, holding that the district court did not abuse its discretion by denying the motions because Defendant did not demonstrate that DNA testing may produce noncumulative, exculpatory evidence.Defendant was convicted of murder in the first degree and use of a deadly weapon to commit a felony. The Supreme Court affirmed. Defendant later filed a motion for DNA testing and requested that counsel be appointed to represent him. The district court denied the motions, determining that Defendant failed to show such testing may produce noncumulative, exculpatory evidence relevant to the claim that he was wrongfully convicted. The Supreme Court affirmed, holding that the district court did not abuse its discretion in denying Defendant's motions for DNA testing and appointment of counsel. View "State v. Ildefonso" on Justia Law

The Supreme Court affirmed the order of the district court affirming Defendant's convictions and sentences, holding that the district court did not err when it rejected each of Defendant's contentions regarding his sentences.Defendant was convicted in the county court of twenty-one misdemeanor counts of violating a protection order and sentenced to county jail for 180 days on each count, to be served consecutively. Defendant appealed, arguing that his sentences were excessive, disproportionate, and invalid. The district court affirmed. The Supreme Court affirmed, holding (1) there was no plain error when the county court did not announce at the sentencing hearing where Defendant's sentences would be served; (2) Defendant's individual sentences were not grossly disproportionate; and (3) the district court did not err when it affirmed Defendant's convictions and sentences. View "State v. Becker" on Justia Law

The Supreme Court sustained the State's exception to the order of the district court dismissing the State's appeal in this criminal case, holding that the county court erred in directing a verdict in favor of Defendant at the close of the State's case in chief under a complaint for first degree trespass.Defendant had received a "stay away" letter intended to apply to businesses owned by the parent company issuing the letter, including two businesses owned by the same company and located in the same building where Defendant entered during business hours and exited when told to leave. The county court apparently concluded that the affirmative defense to criminal trespass did not encompass compliance with a "stay away" letter directed toward Defendant. The district court affirmed. The Supreme Court sustained the State's exception to the district court's order, holding (1) Defendant did not comply with all lawful conditions imposed on access to or remaining in the premises for purposes of the "open to the public" affirmative defense set forth in Neb. Rev. Stat. 28-522; and (2) there was no legal basis for granting a directed verdict in Defendant's favor. View "State v. Stanko" on Justia Law