A law that governs a situation in an accident where 2 people die at the same time ...
Nebraska Court of Appeals Court Cases
State v. Chronister (1995)This case involves the legality of a "canine sniff" of Arlene M. Chronister's vehicle after it was stopped by the Nebraska State Patrol for a minor traffic violation on Interstate 80. Following the canine sniff, a search warrant was issued authorizing a search of Chronister's vehicle, which search uncovered approximately 85 pounds of marijuana. Chronister's motion to suppress the evidence on the ground that it was unconstitutionally obtained was overruled by the district court. After a bench [...]
Court: Nebraska Court of Appeals Docket: A-94-208
Roseann H. appeals from an order of the separate juvenile court of Douglas County, Nebraska, which terminated her parental rights regarding her daughter, Sabrienia B. On appeal, Roseann challenges the juvenile court's overruling of a demurrer as well as the court's finding of sufficient evidence to terminate her parental rights. Because we find that the State's petition for termination of parental rights failed to allege facts sufficient to constitute an action for termination of parental [...]
Court: Nebraska Court of Appeals Docket: A-00-277
In Interest of Amanda H. (1996)In this juvenile proceeding, a child was adjudicated under Neb.Rev.Stat. § 43-247(3)(a) (Reissue 1993) without the child's father being allowed to participate in the proceedings, being advised of his rights, or being accorded his right to counsel, in spite of the fact that he was present at all of the hearings. A year after the first hearing, a new judge became aware of the situation and appointed the father an attorney and allowed him to intervene. The father moved the court to dismiss the [...]
Court: Nebraska Court of Appeals Docket: A-95-666
Waite v. Carpenter (1992)
An allegation of the unauthorized practice of law resulted in an evidentiary hearing and in the district court for Scotts Bluff County's dismissal of these three cases, which we have combined for our review and opinion.
Court: Nebraska Court of Appeals Docket: A-91-923, A-91-924 and A-91-925
State v. Bruna (2004)Pursuant to a jury verdict, Jay E. Bruna was convicted in the district court for Sarpy County of first degree sexual assault on a child and sentenced to 15 to 50 years in prison. Bruna appeals, alleging that the trial court committed numerous prejudicial errors and that Bruna's trial counsel was ineffective in several respects. Although we conclude that these matters lack merit regarding the pretrial motions and trial proceedings, we find merit in the error assigned regarding the trial judge's [...]
Court: Nebraska Court of Appeals Docket: A-03-544
Harrison Square Partnership (Partnership) appeals the order of the Nebraska Tax Equalization and Review Commission (Commission) to which the Partnership appealed the decision of the Sarpy County Board of Equalization (Board) regarding the valuation of a certain commercial property (Property) owned by the Partnership. The Partnership was afforded some relief by the Commission and denied other relief sought before the Commission and, therefore, appeals. For the reasons recited below, we affirm [...]
Court: Nebraska Court of Appeals Docket: A-97-455
Lawson v. Pass (2001)The father of a 7-year-old daughter born out of wedlock appeals the Douglas County District Court's paternity decree ordering him to pay retroactive child support in the amount of $20,945, calculated at $295 per month, which he is to pay at the rate of $100 a month until he eliminates the arrearage. In attacking the decree, the father contests the propriety of the mother's bringing this action for support because she is not a real party in interest. He asserts that the trial court failed to [...]
Court: Nebraska Court of Appeals Docket: A-00-512
Donscheski v. DONSCHESKI (2009)Barry A. Donscheski appeals, and Sherry A. Donscheski, now known as Sherry A. Norris, cross-appeals from the decision of the district court for Douglas County denying both parties' requests for modification of child custodyincluding Sherry's request to remove the minor child to Georgia. The result of the district court's order was the continuation of a June 2007 modification order in which the parties had agreed to a joint custody arrangement. Because the parties are no longer able to work [...]
Court: Nebraska Court of Appeals Docket: A-08-1131
State v. Egger (1999)In 1997, Ronald Lee Egger was separately charged with and convicted of first degree sexual assault on a minor and incest for acts committed against his minor stepdaughter. The charges were consolidated for trial and are heard together on appeal. Egger alleges the trial court erred in (1) admitting evidence of his physical abuse of the victim and her family, (2) refusing to admit testimony from Egger's therapist that Egger looked astonished when he related the sexual allegations to the therapist [...]
Court: Nebraska Court of Appeals Docket: A-98-1119, A-98-1120
Cooper v. Cooper (1999)In this action, David M. Cooper, the custodial parent, sought and obtained an increase in child support from the mother, Lori A. Cooper, now known as Lori A. Sanders, who was required to pay a greater sum to reflect the completion of her education and her employment in the nursing profession. The trial court increased the support to an amount reflecting Lori's earning capacity if she worked 40 hours per week and made the increase retroactive to more than a year before the order was issued. Upon [...]
Court: Nebraska Court of Appeals Docket: A-98-319
In Re Kyle O. (2005)The county court for Burt County, sitting as a juvenile court, adjudicated Kyle O. under Neb.Rev.Stat. § 43-247(1) (Reissue 2004) for sexual contact with another child, in violation of Neb.Rev.Stat. § 28-320 (Reissue 1995). Kyle appeals. Because we conclude that (1) the trial court did not abuse its discretion in excluding an exhibit that was only partially admissible and (2) the State presented insufficient evidence to establish that "sexual contact" occurred, we reverse, and remand with [...]
Court: Nebraska Court of Appeals Docket: A-04-1477
In Re Interest of BJM (1993)T.M., the biological father of B.J.M., B.E.M., L.D.M., and J.E.M., appeals from the judgment of the county court for Kimball County, sitting as a juvenile court pursuant to Neb.Rev.Stat. § 43-245(3) (Cum. Supp.1992), which terminated T.M.'s parental rights concerning these four children. Termination was based on the alleged abandonment of the children for at least 6 months immediately before the filing of a petition to terminate T.M.'s parental rights, pursuant to Neb.Rev.Stat. § 43-292(1) [...]
Court: Nebraska Court of Appeals Docket: A-92-898
Griess v. Griess (2000)This case stems from a child support order entered by the district court for Fillmore County in August 1996, which was admittedly incorrect and substantially so. Bryan Griess paid child support pursuant to this order until April 1998, and it is essentially undisputed that he has paid $18,922 more in child support than the Nebraska Child Support Guidelines would have required during those 20 months. Bryan filed an application to modify the child support order and to secure credit for the [...]
Court: Nebraska Court of Appeals Docket: A-98-1259
Maranville v. Dworak (2008)Chrystal Elaine Maranville, formerly known as Chrystal Elaine Dworak, sought to modify a decree and subsequent order to allow her to move the parties' four minor children from Illinois to Ohio and to modify parenting time. Justin Tyler Dworak cross claimed, requesting that custody of the four children be awarded to him, his child support obliga tions abate, and Chrystal be ordered to pay child support. The Lancaster County District Court granted Chrystal permission to move to Ohio with the [...]
Court: Nebraska Court of Appeals Docket: A-08-103
State v. Valdez (1997)
Emilio D. Valdez and Patricia Valdez appeal their convictions for possession of a controlled substance with the intent to manufacture, distribute, deliver, or dispense the controlled substance, in violation of Neb.Rev. Stat. § 28-416(1)(a) (Cum.Supp.1994). Both Emilio and Patricia assert that the district court erred by failing to sustain their motions to suppress.
Court: Nebraska Court of Appeals Docket: A-96-104, A-96-299
State v. McGurk (1995)
On September 28, 1990, Officer Michael Johnston of the Lincoln Police Department arrested McGurk for driving while under the influence of alcohol (DWI). Following McGurk's arrest, the State filed a complaint charging McGurk with DWI, third offense. McGurk pleaded not guilty to the charges, and the case proceeded to trial.
Court: Nebraska Court of Appeals Docket: A-93-521
Mehne v. Hess (1996)
Deana Hess appeals from a trial court's decision decreasing the child support obligation owed by David M. Mehne for the parties' twin boys. Hess asserts on appeal that a personal injury lump-sum settlement award received by Mehne should be considered income for the purpose of calculating child support.
Court: Nebraska Court of Appeals Docket: A-95-660
State v. Shock (2002)Ronald E. Shock appeals from his convictions and sentences on one count of conspiracy to manufacture, distribute, or possess with intent to distribute methamphetamine and three counts of delivery of methamphetamine. On appeal, Shock challenges, inter alia, the district court's denial of his motion to suppress evidence seized upon the execution of a search warrant. Because we find that the affidavit in support of the search warrant was inadequate to support a finding of probable cause, we [...]
Court: Nebraska Court of Appeals Docket: A-01-1345
Hafer v. Hafer (1994)
This is an appeal from a divorce decree dissolving the marriage between appellant, Paula K. Hafer, and appellee, Douglas L. Hafer. The parties were married for approximately 19 years, during which time Paula contracted multiple sclerosis. She is conceded to be unemployable. Because the trial court ordered no alimony, ordered Paula to pay child support, and denied Paula's request to have Douglas pay certain expenses, we modify the trial court's ruling.
Court: Nebraska Court of Appeals Docket: A-93-127
Prokop v. Cannon (1998)A number of years ago, Nancy Hoch and Prokop were opposing candidates for the elected position of University of Nebraska regent in the 1988 general election. During the campaign, Prokop authored a flier criticizing Hoch's record and mailed it to approximately 40,000 households. Hoch requested a retraction, which was not forthcoming. Hoch then filed suit in the district court for Saline County, alleging that the flier contained 13 separate instances of libel. Hoch was represented at different [...]
Court: Nebraska Court of Appeals Docket: A-97-615