Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court affirmed the decision of the district court denying Appellant’s motion for postconviction relief, holding that there was no merit to Appellant’s claims that his counsel provided ineffective assistance by failing to preserve objections to certain evidence introduced at trial.Appellant was convicted of second degree murder and sentenced to fifty years to life imprisonment. Appellant filed a motion for postconviction relief, which was denied without an evidentiary hearing. The Supreme Court reversed with respect to certain ineffective assistance of trial counsel claims and remanded for an evidentiary hearing. Thereafter, the district court held an evidentiary hearing and denied the motion. The Supreme Court affirmed, holding that the district court did not err in denying Appellant postconviction relief. View "State v. Huston" on Justia Law

The Supreme Court affirmed Defendant’s convictions and sentences for first degree sexual assault of a child and felony child abuse, holding that the trial court did not violate Defendant’s constitutional right of confrontation and that Defendant’s remaining claims of error were without merit.Specifically, the Court held (1) the trial court erred in hearing the alleged victim’s testimony outside Defendant’s presence without adequately safeguarding Defendant’s confrontation rights, but the error was harmless; (2) the record was not sufficient to review Defendant’s claims of ineffective assistance of counsel; (3) the evidence was sufficient to support Defendant’s convictions; and (4) the district court did not abuse its discretion in sentencing Defendant. View "State v. Smith" on Justia Law

The Supreme Court dismissed the appeal from the denial of two motions filed by Appellant in this marital dissolution case, holding that this Court lacked jurisdiction of this appeal. After a marital dissolution decree was entered adjudicating paternity of a child, David B. sought to intervene in the case as an interested party and to set aside the paternity finding within the decree of dissolution. The district court denied David’s motions, finding that David failed to act in a timely matter. David then filed two motions to reconsider, one filed within ten days of the final order, and, after it was denied, a second motion filed eleven days after the final order. The district court denied the motions. The Supreme Court dismissed Appellant’s ensuing appeal for lack of jurisdiction because (1) David’s second motion did not terminate the time for filing an appeal and was not filed within ten days of the final order; and (2) David did not appeal within thirty days of the overruling of his first motion to reconsider, which was properly construed as a motion to alter or amend. View "Bryson L. v. Izabella L." on Justia Law

The Supreme Court affirmed the order of the district court dismissing eight inmates' declaratory judgment action for failure to state a claim, holding that the inmates had other equally serviceable remedies available.Plaintiffs, eight death row inmates, filed suit seeking a declaratory judgment that 2015 Neb. Laws, L.B. 268, which abolished the death penalty in Nebraska, was not repealed by referendum and also sought injunctive relief preventing the Department of Correctional Services and its director from carrying out executions against Plaintiffs or indispensable parties. The district court dismissed the complaint, concluding that Plaintiffs had equally serviceable remedies. The Supreme Court affirmed, holding that the district court did not err in finding that Plaintiffs could not maintain a declaratory judgment claim because they had other equally serviceable remedies. View "Sandoval v. Ricketts" on Justia Law

The Supreme Court dismissed the State’s appeal from the district court’s order overruling the State’s motion to seal the grand jury documents in this case, holding that the order was not a final, appealable order.After the district court impaneled a grand jury to investigate an in-custody death and at the close of the evidence, the grand jury returned indictments against two police officers. Thereafter, the court issued an order sua sponte to make the grand jury transcript publicly available. The State then filed its motion to seal the grand jury documents. The district court overruled the motion, and the State appealed. The Supreme Court dismissed the appeal, holding that the order was made during a special proceeding but was not final and appealable because it did not affect a substantial right under the circumstances of this case. View "In re Grand Jury of Douglas County" on Justia Law

The Supreme Court affirmed the district court’s order granting a directed verdict in favor of Defendant on Plaintiff’s statutory strict liability claim under Neb. Rev. Stat. 54-601(1), holding that allegations that a ranch employee was injured as a result of the ranch’s herding dog nipping at a cow, causing the cow to charge into the employee, fall outside the strict liability statute.In granting a directed verdict for Defendant, the district court concluded that the evidence presented did not fall within the purview of strict liability under Neb. Rev. Stat. 54-601. The Supreme Court affirmed, holding that strict liability under section 54-601(1) does not encompass the act of a herding dog nipping at the heels of a cow, causing the cow to move forward and collide with a ranch employee and inflict bodily hurt on the employee. View "Smith v. Meyring Cattle Co., LLC" on Justia Law

The Supreme Court dismissed Appellant’s appeal from the district court’s imposition of a fifteen-day custodial sanction after testing positive for drug and alcohol while serving a sentence of probation, holding that the order imposing a custodial sanction did not affect a substantial right and was not final.Appellant was convicted of possessing a controlled substance. While serving probation, Appellant’s probation officer sought the imposition of a custodial sanction. After a hearing, the district court imposed a custodial sanction of fifteen days’ imprisonment. The Supreme Court dismissed Appellant’s appeal, holding that the order from which Appellant was attempting to appeal was not a final order. View "State v. Thalmann" on Justia Law

In this case stemming from an electrician’s injuries after an aerial lift malfunctioned the Supreme Court affirmed the district court’s partial grant of Defendant’s motion to exclude expert testimony and grant of Defendant’s motion for summary judgment on all claims.While Plaintiff, the electrician, was working approximately thirty feet in the air on the raised platform of the aerial lift, the lift malfunction and tipped over. Plaintiff sustained serious injuries. Plaintiff sued Defendant, the manufacturer and designer of the lift, bringing strict liability claims, negligence claims, and an implied warranty claim. The district court partially granted Defendant’s motion to exclude Plaintiff’s expert opinions on the issues of unreasonably dangerous conditions, defect, causation, and alternative design and then entered summary judgment for Defendant on all claims. The Supreme Court affirmed, holding that the district court did not err in granting summary judgment in favor of Defendant on the strict products liability design and manufacturing defects claims. View "Pitts v. Genie Industries, Inc." on Justia Law

The Supreme Court reversed the order of the district court on remand in this case involving a claimant’s eligibility for Medicaid funding, holding that the district court erred in its instructions on remand.The Nebraska Department of Health and Human Services determined that Paige V. was ineligible for Medicaid funding through he Nebraska Medicaid Assistance Program and, thus, ineligible for “assistance to the aged, blind, or disabled” (AABD) Medicaid waiver services. Paige’s parents sought review. The district court (1) found that the evidence showed that Paige was disabled for purposes of determining Medicaid benefits, and (2) remanded the matter with directions to award Page AABD waiver services and to reimburse her parents for medical expenses. The Supreme Court (1) affirmed the portion of the district court’s order finding that Paige was disabled, but (2) reversed the district court’s order of remanded that awarded Medicaid waiver services because the district court exceeded its scope of review in determining that Paige was eligible for Medicaid waiver services. The Court remanded the case. View "Leon V. v. Nebraska Department of Health & Human Services" on Justia Law

The Supreme Court vacated in part the judgment of the district court overruling Plaintiff’s motion to recuse and granting summary judgment to Defendants on all of Plaintiff’s remaining claims, holding that the judge should have recused himself.Plaintiff brought suit against Defendant, her former employer, claiming retaliation, hostile work environment, and other claims. The district court granted summary judgment on the latter three claims. Defendant then moved for summary judgment on the retaliation and hostile work environment claims. When the district court judge assigned to the case became aware that his brother-in-law was a potential witness Plaintiff moved for recusal. Plaintiff then amended her complaint and added a claim under the Equal Pay Act, 29 U.S.C. 206(d). The district court overruled the motion to recuse and granted summary judgment on the remaining claims. The Supreme Court affirmed to the extent of the claims disposed of before the assertion of the Equal Pay Act claim and vacated as to all other claims, holding that because the judge’s brother-in-law was likely to be a material witness, Neb. Rev. Stat. 5-302.11(A)(2)(d) mandated disqualification of the judge. View "Thompson v. Millard Public School District No. 17" on Justia Law