Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court affirmed Defendant’s conviction of first-degree murder murder and second-degree arson and the sentences imposed in connection with the convictions, holding that the evidence was sufficient to support the convictions and that Defendnat's trial counsel was not ineffective.On appeal, Defendant argued that the evidence at trial was insufficient to prove the elements of her convictions and that her trial counsel provided ineffective assistance in eight respects. The Supreme Court disagreed, holding that the evidence was sufficient to support the convictions and that the record refuted Defendant’s claims of ineffective assistance. View "State v. Golyar" on Justia Law

The Supreme Court affirmed Defendant’s convictions of driving under the influence, fifth offense, two counts of child abuse resulting in serious bodily injury, and other offenses but vacated the sentences imposed, holding that the district court committed plain error in sentencing Defendant.Specifically, the Court held that the district court (1) did not err in denying Defendant’s motions to recuse, suppress blood test results, and exclude blood test results under Franks v. Delaware, 438 U.S. 154 (1978); but (2) committed plain error in sentencing Defendant to license revocations for his convictions for three counts and in sentencing Defendant to determinate sentences, rather than indeterminate sentences, for four counts. View "State v. Thompson" on Justia Law

The Supreme Court reversed the order of the Court of Appeals denying Paul Gerber’s motion seeking to recover attorney fees from P & L Finance Co., Inc., holding that, while the pleading was styled as a “Motion for Attorney Fees,” Gerber’s request for attorney fees was, in substance, an application under Neb. Rev. Stat. 21-2,114 for an order of indemnification from P & L.In his filing, Gerber sought an order requiring P & L to indemnify him for attorney fees he incurred in the appeal of a case where he was made a party because he was a director of P & L. In denying the request, the Court of Appeals stated that there was no course of practice in the appellate courts that recognizes the recovery of attorney fees from a non-adverse party. The Supreme Court remanded the matter to the Court of Appeals with directions to consider Gerber’s filing consistent with section 21-2,114 as an application for an order of indemnification against P & L, holding that the appellate court should have considered the filing as an application for indemnification. View "Gerber v. P & L Finance Co." on Justia Law

In vacating the adoption decree in this case, the Supreme Court addressed the proper interpretation of the relevant adoption statutes, as well as the Nebraska Indian Child Welfare Act (NICWA), and whether Father abandoned his child, holding that the county court erred when it failed to comply with Neb. Rev. Stat. 43-107 to 43-109 when granting the adoption.On remand from the Supreme Court, the county court found that the petitioning grandparents (Grandparents) had made active efforts to prove remedial programs designed to unite Father with his Indian child under section 43-1505(4) and that Father had abandoned his child. The Supreme Court affirmed in part and vacated in part the adoption decree, holding (1) the county court did not err in finding by clear and convincing evidence that Grandparents made active efforts to reunite the child with Father, in finding that Father abandoned his child for at least six months prior to his incarceration, and in finding that adoption was in the child’s best interest; but (2) the county court erroneously failed to comply with sections 43-107 to 43-109 in granting the adoption. View "In re Adoption of Micah H." on Justia Law

The Supreme Court affirmed the district court’s denial of Defendant’s motion to vacate and the subsequent reinstatement of the sentences originally ordered, holding that the district court did not err by not addressing Defendant’s constitutional challenge.In this procedurally complex case, Defendant’s original sentences were reinstated by the district court, and Defendant’s motion to vacate his conviction for discharge of a firearm in certain cities, villages, and counties under Neb. Rev. Stat. 28-1212.04 on the grounds that the statute was unconstitutional on its face was denied. Defendant appealed the denial of his motion to vacate. The Supreme Court affirmed, holding that the district court did not err in failing to consider the merits of Defendant’s federal equal protection challenge on the basis of state procedural grounds. View "State v. Washington" on Justia Law

The Supreme Court dismissed the appeal brought from an order of the district court extending a harassment protection order for one year as moot but applied the public interest exception to mootness to address whether a respondent against whom a harassment protection order is sought must appear in person rather than through counsel.During a show cause hearing, the district court concluded that because Respondent appeared through counsel rather than appearing in person, the ex parte harassment protection order against him would automatically be extended for one year. The court allowed Petitioner to testify and allowed Respondent’s counsel to cross-examine Petitioner. The court then found that Petitioner had presented evidence sufficient to extend the harassment protection order for one year to expire on October 5, 2018. The Supreme Court held (1) Respondent’s appeal from the harassment protection order was moot; and (2) through a plain reading of Neb. Rev. Stat. 28-311.09(8)(b), a respondent is entitled to appear by and through his or her counsel. View "Weatherly v. Cochran" on Justia Law

The Supreme Court affirmed the decision of the district court granting summary judgment in favor of Defendants, a tax attorney and the accounting firm for which he worked, in this malpractice action, holding that Plaintiffs’ claims claims were barred by the statute of limitations.Plaintiffs, a dentist and his professional corporation, brought this suit alleging six acts of legal and accounting malpractice. The district court granted summary judgment on Plaintiffs’ claims, concluding that the claims were barred by the statute of limitations set forth in Neb. Rev. Stat. 25-222. The Supreme Court affirmed, holding that the district court did not err in finding that Plaintiffs’ action was barred by section 25-222. View "Colwell v. Mullen" on Justia Law

The Supreme Court affirmed the judgment of the district court affirming the order of the county court finding Thomas Anderson individually liable to Grady Photography under two oral contracts, holding that there was no plain error in the determination that the contracts had been breached by Anderson and in holding him liable.Thomas Grady Photography, Inc. sued Amazing Vapor, Ltd., MCJC Companies, Inc., Manuel Calderon, and Thomas Anderson for breach of contract for failing to pay on two oral contracts for photography services. The county court entered a default judgment in favor of Grady Photography against Amazing Vapor, MCJC, and Calderon. Thereafter, after a trial, the county court found that Anderson, who appeared in his individual capacity as a director of Amazing Vapor, owed Grady Photography $2,400 under two oral contracts. The district court affirmed. The Supreme Court affirmed, holding that the proper result was result, although this Court’s reasoning was somewhat different from the lower courts. View "Thomas Grady Photography v. Amazing Vapor, Ltd." on Justia Law

The Supreme Court reversed the decision of the district court granting summary judgment in favor of the insurer in this insurance dispute, holding that the district court abused its discretion in issuing declaratory relief on this record.Plaintiff, a limited liability company, presented a theft claim to Defendant insurer under the physical damage coverage of an aircraft policy. After denying coverage, Insurer sought a determination that Plaintiff’s theft claim was not covered under the policy. The district court granted summary judgment in favor of Plaintiff on the coverage question, concluding that Plaintiff’s claim was not covered under the physical damage coverage of the applicable policy. The Supreme Court reversed, holding (1) the district court’s order decided the legal effect of a state of facts which are future, contingent, or uncertain and resulted in a declaratory judgment adjudicating hypothetical or speculative situations which may never come to pass; and (2) therefore, the district court abused its discretion in entering declaratory relief. View "U.S. Specialty Insurance Co. v. D S Avionics Unlimited LLC" on Justia Law

The Supreme Court affirmed the decision of the district court denying, without an evidentiary hearing, Appellant’s petition for postconviction relief, holding that Appellant was not entitled to an evidentiary hearing on his claims of prosecutorial misconduct and ineffective assistance of counsel and that the district court did not err in dismissing Appellant’s motion for postconviction relief.In his petition, Appellant argued that the prosecutor committed several instances of misconduct and that he received ineffective assistance of trial and appellate counsel. The district court denied the motion without an evidentiary hearing. The Supreme Court affirmed, holding that the district court did not err in finding that an evidentiary hearing was not warranted and in dismissing his claims of prosecutorial misconduct and ineffective assistance of counsel. View "State v. Tyler" on Justia Law