Where the cause of an accident or an injury erases the blame from the person who ...
Nebraska Supreme Court Court Cases
State v. Burlison (1998)
Gary L. Burlison appeals from an order of the district court for Dakota County denying his motion for postconviction relief. We granted Burlison's petition to bypass the Nebraska Court of Appeals and now affirm, although for reasons different from those stated by the district court.
Court: Nebraska Supreme Court Docket: S-96-755
State v. Bjorklund (2000)
On September 22, 1992, 18-year-old Candice Harms, a freshman at the University of Nebraska-Lincoln, disappeared after leaving her boyfriend's house at approximately 11:40 p.m. The next day, Harms' abandoned vehicle was found north of Lincoln. The police found nothing at the scene of the vehicle to indicate what had happened to Harms, and although police launched a search for Harms, they could not locate her.
Court: Nebraska Supreme Court Docket: S-94-856, S-94-994
This is a declaratory judgment action. The question involved is whether Hartford, plaintiffs' malpractice insurer, is liable for fire damage to plaintiffs' offices resulting from the negligence of an employee technician. The district court entered judgment for plaintiffs against Hartford. We reverse the judgment.
Court: Nebraska Supreme Court Docket: 36756
Todd R. McWha and Terrance O. Waite, of Waite & McWha, and John E. DeWulf, of Roshka, Heyman & DeWulf, P.L.C., North Platte, for appellants Nebraska Nutrients, Inc., Raymond Clayton Roles, and Tri-State Construction & Supply, Inc.
Court: Nebraska Supreme Court Docket: S-95-624, S-98-782
State v. Lotter (1998)Appellant, John L. Lotter, was convicted on three counts of first degree murder, three counts of the use of a weapon to commit a felony, and one count of burglary. Lotter was sentenced to death for each murder conviction and to not less than 80 months' nor more than 20 years' imprisonment for each use of a weapon conviction and the burglary conviction. In this appeal, Lotter contends that he was denied a fair trial because the trial court engaged in an ex parte communication, the prosecutor [...]
Court: Nebraska Supreme Court Docket: S-96-297, S-96-298, S-96-312
State v. Watt (2013)Nebraska Advance Sheets STATE v. WATT 647 Cite as 285 Neb. 647 State of Nebraska, appellee, v. K evin J. Watt, appellant. ___ N.W.2d ___ Filed April 12, 2013. No. S-12-177. 1. Criminal Law: Convictions: Evidence: Appeal and Error. When reviewing a criminal conviction for sufficiency of the evidence to sustain the conviction, the [...]
Court: Nebraska Supreme Court Docket: S-12-177
State v. Molina (2006)
Germai R. Molina was convicted of second degree murder and child abuse resulting in death, arising out of the death of his 2-year-old daughter, Diana Molina. Molina was sentenced to a term of imprisonment of not less than 80 years to life on each conviction, sentences to be served consecutively. Molina appeals from his convictions and sentences. For the reasons that follow, we affirm the judgment of the district court.
Court: Nebraska Supreme Court Docket: S-04-1230
State v. McCulloch (2007)Robert D. McCulloch appealed his conviction for first degree sexual assault to the Nebraska Court of Appeals. The Court of Appeals determined that McCulloch had received ineffective assistance of counsel at trial and reversed his conviction. The Court of Appeals concluded that "all the evidence presented by the State" at trial was insufficient to support a conviction and remanded the cause to the district court for Burt County with directions to dismiss the charges against McCulloch. State v. [...]
Court: Nebraska Supreme Court Docket: S-06-275
State v. Palmer (1986)The defendant, Charles Jess Palmer, appeals from a jury verdict finding him guilty of felony murder under Neb.Rev.Stat. § 28-303(2) (Reissue 1985), and from a sentence imposed by a three-judge court ordering Palmer to be executed for the crime in accordance with the provisions of Neb.Rev. Stat. §§ 29-2521 et seq. (Reissue 1985). This case has twice before been to this court. See, State v. Palmer, 210 Neb. 206, 313 N.W.2d 648 (1981) (Palmer I); State v. Palmer, 215 Neb. 273, 338 N.W.2d 281 [...]
Court: Nebraska Supreme Court Docket: 84-733
In Re Interest of Joshua (1997)
These appeals arose from the Douglas County Separate Juvenile Court's decisions in four separate cases involving five children: Gloria F., born May 5, 1985; Tabitha M., born August 13, 1987; T.J. M., born February 21, 1990; Amanda M., born October 27, 1991; and Joshua M., born September 6, 1993.
Court: Nebraska Supreme Court Docket: S-94-1239, S-94-1240, S-95-761 and S-95-762
Kelly v. Kelly (1994)In this action the district court dissolved the marriage of the parties and, among other things, awarded custody of their three minor boys to the petitioner-appellee husband, Philip M. Kelly, and alimony to the respondent-appellant wife, Linda F. Kelly. The wife thereafter appealed to the Nebraska Court of Appeals, and the husband cross-appealed. That court reduced the amount of alimony, but otherwise affirmed the decree of the district court. Kelly v. Kelly, 2 Neb.App. 399, 510 N.W.2d 90 [...]
Court: Nebraska Supreme Court Docket: S-93-114
State v. Thomas (2002)
L.T. Thomas was convicted of second degree murder, first degree assault, and two counts of use of a firearm to commit a felony. Following his conviction, Thomas filed a motion for new trial and two supplemental motions for new trial, all of which were overruled. Thomas was sentenced as a habitual criminal.
Court: Nebraska Supreme Court Docket: S-00-1070
State v. Robinson (2006)
Danny R. Robinson, Jr., was convicted of first degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a felon. He appeals the convictions and the sentences imposed.
Court: Nebraska Supreme Court Docket: S-05-326
Vogel v. Vogel (2002)Kimberly Vogel appeals, and Bradley Vogel cross-appeals, from the order of the district court for Sarpy County which modified the parties' decree of dissolution. Kimberly, the custodial parent, was granted permission to permanently remove the parties' children from Nebraska to Virginia so that she could accompany her new husband who was transferred from Offutt Air Force Base in Nebraska to Washington, D.C. The district court denied Bradley's cross-petition for change of custody. In its order, [...]
Court: Nebraska Supreme Court Docket: S-01-234
State v. Draganescu (2008)A jury convicted Ion Draganescu of possession of a controlled substance with intent to deliver, a Class III felony. Although this appeal presents numerous issues, we believe there are three primary issues. First, did the Nebraska State Patrol have probable cause to initially stop the vehicle in which Draganescu was a passenger? Second, did the State Patrol have probable cause to search the vehicle? Third, was an airline ticket stub, which the State Patrol took from Draganescu's pocket after his [...]
Court: Nebraska Supreme Court Docket: S-07-797
State v. Konfrst (1996)
While Wayne L. Konfrst was being taken from the scene for a driving while under the influence of alcohol (DUI) arrest, he advised one of the arresting officers that his passenger, David Uehling, was in charge of the vehicle. Uehling gave consent to search the vehicle. The officers found a wad of money and plastic baggies containing marijuana and methamphetamine. In a further search of a duffelbag in the vehicle, the officers found a scale and empty baggies.
Court: Nebraska Supreme Court Docket: S-95-964
In Re Interest of Walter W. (2008)Martina A. appeals the separate juvenile court's order terminating her parental rights to her son, Walter W. He is an Indian child, so the Indian Child Welfare Act (ICWA) applies. The juvenile court initially terminated Martina's parental rights in September 2005. The Nebraska Court of Appeals vacated the termination order in July 2006 because the State had failed to give the Yankton Sioux Tribe proper notice before the termination hearing. After retrial in January and February 2007, the [...]
Court: Nebraska Supreme Court Docket: S-07-393
State v. Archie (2007)
David L. Archie, the appellant, was convicted of one count of first degree sexual assault on a child and one count of incest in connection with the sexual abuse of Archie's 6-year-old step-daughter. Archie was sentenced to 25 to 30 years' imprisonment for first degree sexual assault on a child, and a concurrent term of 10 to 20 years' imprisonment for incest. Archie appeals. For the reasons that follow, we affirm the judgment of the district court.
Court: Nebraska Supreme Court Docket: S-05-1145
Schafersman v. Agland Coop. (2001)John Schafersman and Eileen Schafersman sued Agland Coop (Agland), a Nebraska cooperative corporation, and won a $120,000 jury verdict, based upon the jury's finding that contaminated hog feed, negligently delivered to the Schafersmans, caused illnesses and deaths among the Schafersmans' herd of dairy cows. Agland seeks further review of a decision of the Nebraska Court of Appeals affirming the district court's judgment. The primary question presented in this appeal is whether sufficient [...]
Court: Nebraska Supreme Court Docket: S-98-623
In Re Interest of LV (1992)W.V., biological father of L.V., appeals from the judgment of the county court for Saline County, sitting as a juvenile court pursuant to Neb.Rev.Stat. § 43-245 (Cum. Supp.1990), which terminated W.V.'s parental rights concerning L.V. Termination was based on Neb.Rev.Stat. § 43-292(1) (Reissue 1988) (abandonment of a juvenile for at least 6 months immediately before the filing of a petition to terminate parental rights), § 43-292(2) (substantial and continuous or repeated neglect of a [...]
Court: Nebraska Supreme Court Docket: S-91-716