Nebraska Court of Appeals Court Cases
State v. Gales (2005)Arthur Lee Gales, Jr., was convicted pursuant to jury verdict of two counts of first degree murder and one count of attempted second degree murder in the district court. Gales was sentenced to consecutive sentences of death on each count of first degree murder and a sentence of imprisonment for a period of not less than 50 nor more than 50 years on the count of attempted second degree murder. On appeal, this court was required, by the U.S. Supreme Court's decision in Ring v. Arizona, 536 U.S. [...]
Court: Nebraska Court of Appeals Docket: S-04-015
Jeanelle R. Lust and William Sutter, of Knudsen, Berkheimer, Richardson & Endacott, L.L.P., and Frank M. Hinman, David M. Heilbron, Marc R. Bruner, Lee G. Sullivan, May Y. Lee, and Rianne E. Nolan, of Bingham & McCutchen, L.L.P., and Fred J. Fresard and Andrea L. Laginess, of Bowman & Brooke, and Frank Nizio, of McGuire & Woods, L.L.P., for appellee General Motors Corporation.
Court: Nebraska Court of Appeals Docket: S-03-1472
State v. McKinney (2007)
On April 8, 2003, following an investigation that lasted over 5 years, a grand jury returned an indictment of Lora L. McKinney for the murder of Harold L. Kuenning. A jury convicted McKinney of first degree murder. The district court sentenced McKinney to life imprisonment.
Court: Nebraska Court of Appeals Docket: S-05-591
Suzette M., the natural mother of Clifford M., Colette M., and Chelsea M., appeals from an order of the separate juvenile court of Douglas County, Nebraska, terminating her parental rights with respect to the three children. On appeal, Suzette challenges the termination order. Because the court terminated Suzette's parental rights solely on the basis that she refused to waive her right against self-incrimination, we reverse, and remand with directions.
Court: Nebraska Court of Appeals Docket: A-97-449
In Re Interest of Taylor (2008)Taylor W. and Levi C., the minors in these two cases which were consolidated for briefing and oral argument, were adjudicated under Neb. Rev. Stat. § 43-247(1) (Cum. Supp. 2006) (misdemeanor law violation). Both Taylor and Levi were "committed" by the separate juvenile court of Lancaster County into the custody of the Office of Juvenile Services (OJS), an office of the Department of Health and Human Services (collectively DHHS). The "commitment" was for purposes of an evaluation pending the [...]
Court: Nebraska Court of Appeals Docket: S-08-026, S-08-074
State v. Wilen (1995)Appellee, Clint Walker Wilen, was charged in the district court for Sarpy County with attempted second degree assault on a police officer. See Neb.Rev.Stat. § 28-930 (Reissue 1989). After the State presented its case against Wilen to the jury, the trial court sustained Wilen's motion for directed verdict and dismissed the charges against Wilen for lack of evidence. This court granted the application of the county attorney to docket the proceedings for review by this court as authorized by [...]
Court: Nebraska Court of Appeals Docket: A-95-236
Wild v. Wild (2007)Prior to the current appeal, in Wild v. Wild, 13 Neb.App. 495, 696 N.W.2d 886 (2005) (Wild I), we were presented with Brian P. Wild's appeal from an order of the district court which granted Leslie K. Wild's prior complaint for permanent removal of the parties' minor child. Amber Lynn Wild, to Ohio; in that case, we reversed the order upon finding that the district court abused its discretion in finding that Leslie satisfied her burden of proof with respect to both demonstrating a legitimate [...]
Court: Nebraska Court of Appeals Docket: A-06-877
Nona M. appeals the orders of the Scotts Bluff County Court, sitting as a juvenile court, denying her requests to transfer jurisdiction to a tribal court and argues that such orders are appealable. We agree that the denials of her requests were final, appealable orders supplying this court with jurisdiction to consider the appeal, but we find no abuse of discretion in the trial court's refusal to transfer jurisdiction. Accordingly, we affirm.
Court: Nebraska Court of Appeals Docket: A-04-820-A-04-826
Adams v. Adams (2005)
Amy Sue Adams, now known as Amy Sue Fox, appeals from the judgment of the Lancaster County District Court denying her petition for modification of child custody. For the reasons set forth herein, we affirm.
Court: Nebraska Court of Appeals Docket: A-04-228
In Re Interest of Crystal C. (2004)
Tammy S. appeals and Greg C. cross-appeals the decision of the county court for Red Willow County, sitting as a juvenile court, which decision terminated their parental rights to their daughter Crystal C.
Court: Nebraska Court of Appeals Docket: A-03-651
Klimek v. Klimek (2009)
Stacey L. Klimek filed for dissolution of her 15-year marriage to Daniel D. Klimek in the district court for Sarpy County. The district court awarded Stacey sole custody of the parties' two children, divided the marital estate, and dissolved the parties' marriage. Daniel appealed the decree of dissolution to this court. For the reasons set forth herein, we modify the decree and remand the cause for further proceedings.
Court: Nebraska Court of Appeals Docket: A-09-023
Robbins v. Robbins (1995)Craig Mitchell Robbins appeals from an order of the district court for Scotts Bluff County which modified the decree dissolving his marriage to Patricia Marie Robbins by reducing his child-support obligation and by requiring him to pay a portion of child-care expenses. The district court declined to modify a property settlement agreement and to retroactively apply the reduced amount of child support. The district court also found Craig in willful contempt for failing to maintain health [...]
Court: Nebraska Court of Appeals Docket: A-94-194
DM Properties (DM) appeals a jury verdict of $150,000 in favor of Wright & Souza, Inc., doing business as Capital Financial Services (Capital). DM assigns the following errors by the district court: (1) failing to sustain its demurrer to the amended petition based upon the statute of frauds, (2) overruling its motions for a directed verdict and for judgment notwithstanding the verdict, (3) instructing the jury on anticipatory breach of contract and failing to instruct that DM was privileged [...]
Court: Nebraska Court of Appeals Docket: A-91-951
Sabrina v. Willman (1995)This is an invasion of privacy action under Neb.Rev.Stat. § 20-203 (Reissue 1991) brought by the plaintiff, Sabrina W., against Ron Willman, doing business as Hair Affair III. Notwithstanding Willman's admission of liability, the trial court directed a verdict for Willman because the judge concluded plaintiff was required to prove she suffered severe emotional distress as a result of the invasion of privacy in order to recover and found that she failed to do so. Plaintiff appeals. We conclude [...]
Court: Nebraska Court of Appeals Docket: A-94-118
In Re Interest of Dakota L. (2006)Christine T. appeals the order by the separate juvenile court of Douglas County adjudicating her five minor children under Neb.Rev.Stat. § 43-247(3)(a) (Reissue 2004). Christine claims five separate errors with respect to the adjudication order; specifically, that (1) the court erred in assuming concurrent jurisdiction with the tribal court of the Omaha Tribe of Nebraska (Omaha Tribe); (2) the State's petition failed to meet the pleading requirements of the Indian Child Welfare Act (ICWA), [...]
Court: Nebraska Court of Appeals Docket: A-05-385
In Re Tayla R. (2009)This appeal presents two juvenile cases which were consolidated for briefing and oral argument. In case No. A-08-1150, the juvenile court continued the out-of-home placement of a newborn child, pending adjudication, and we conclude that a preponderance of the evidence supports the court's order. In case No. A-08-1151, the review order appealed from continued the out-of-home placement of the three oldest children and changed the permanency goal from reunification to adoption, but contained a [...]
Court: Nebraska Court of Appeals Docket: A-08-1150, A-08-1151
State v. Johnson (1998)In these consolidated appeals, Michael E. Johnson (Johnson) appeals from the orders of the Dakota County District Court denying his motions to suppress physical evidence seized pursuant to a search warrant and the subsequent introduction of that evidence over objection at the consolidated trial. Case No. A-97-632 pertains to the information charging Johnson with possession with intent to distribute a controlled substance, identified as both methamphetamine and cocaine. Case No. A-97-633 [...]
Court: Nebraska Court of Appeals Docket: A-97-632, A-97-633
Boamah-Wiafe v. Rashleigh (2000)Daniel Boamah-Wiafe filed an application to modify child support and custody. Specifically, Daniel sought full custody of his two minor children, subject to visitation by their mother, Carol Rashleigh, as well as an order terminating his child support payments and requiring Carol to pay child support. Carol cross-petitioned for an adjustment to Daniel's child support and for attorney fees. The trial court dismissed Daniel's application for failing to meet his burden of proof. The court slightly [...]
Court: Nebraska Court of Appeals Docket: A-99-689
Hassenstab v. Hassenstab (1997)
Thomas Kelly Hassenstab appeals from an order entered by the Douglas County District Court denying his application to modify custody from Carol Marie Hassenstab to him. For the reasons set forth herein, we affirm the order of the district court.
Court: Nebraska Court of Appeals Docket: A-96-571
Coffey v. Coffey (2003)Stacy A. Coffey, now known as Stacy A. Ryan, appeals from an order by the district court for Douglas County, which terminated the joint custody arrangement in the decree of dissolution and awarded custody of the parties' minor children to J. Michael Coffey, subject to Stacy's specific visitation. Stacy asserts error to the award of custody, visitation, and child support; the assignment of bank accounts held for the benefit of the children; and orders sealing the court file. In Michael's [...]
Court: Nebraska Court of Appeals Docket: A-02-051