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| Blinn v. Beatrice Cmty. Hosp. & Health Ctr., Inc., No. S-04-079.,
SUPREME COURT OF NEBRASKA, January 6, 2006, Filed
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Overview: Nebraska Court of Appeals erred in concluding that pleadings by employee were constructively amended by implied consent pursuant to Neb. Ct. R. Pleading Civ. Actions 15(b). There was no genuine issue of material fact as to employee's breach of contract claim, but there was sufficient evidence for employee to recover on promissory estoppel.
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| State v. Beeder, Nos. S-03-1205, S-04-1115.,
SUPREME COURT OF NEBRASKA, January 6, 2006, Filed
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Overview: Trial court erred by overruling defendant's motion for mistrial where prosecutor's misrepresentation left false impression that defendant admitted he was guilty of third degree assault. Victim's doctor's statements would be inadmissible under Neb. Rev. Stat. § 27-803. Jury should be instructed from restraint definition in Neb. Rev. Stat. § 28-312.
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| McKenzie v. City of Omaha, No. A-04-1134.,
NEBRASKA COURT OF APPEALS, January 10, 2006, Filed
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Overview: Under Omaha, Neb., Mun. Code § 23-148, city firefighters were not senior in rank, grade, or class to suburban fire department personnel who became city firefighters when city contracted with the suburb and court did not err in sustaining city's motion for summary judgment and overruling firefighters' motion that they were entitled to pay increase.
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| State v. Bruna, No. A-05-529.,
NEBRASKA COURT OF APPEALS, January 10, 2006, Filed
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Overview: Where a judge who imposed defendant's second sentence was not the same judge who imposed the first sentence, there was no reasonable likelihood that vindictiveness contributed to the second sentence. The second judge did not have a personal stake in the first sentence or a personal motive for vindication.
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| State v. Norris, No. A-04-732.,
NEBRASKA COURT OF APPEALS, January 10, 2006, Filed
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Overview: Court had not erred in overruling motion for new trial and holding jurors' affidavits were inadmissible and in not finding verdicts resulted from jury misconduct; jury considered extraneous material, co-defendant's alleged guilty plea, but any discussion it had about the plea during deliberations was inadmissible under Neb. Rev. Stat. § 27-606(2).
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| State v. Sonya L. (In re Phoenix L.), Nos. S-05-536, S-05-537.,
SUPREME COURT OF NEBRASKA, January 13, 2006, Filed
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Overview: Section 43-279.01(3) did not violate equal protection guarantees of non-Indian mother because difference in the parental termination statutes for Indian and non-Indian parents was attributable not to race but to the historical sovereignty of Indian tribes.
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| Abramson v. Cosmo Club (In re Sanitary & Improvement Dist. No. 1), No. S-05-533.,
SUPREME COURT OF NEBRASKA, January 13, 2006, Filed
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Overview: Petitioners satisfied the statutory requirements to form a sanitary and improvement district (SID) under Neb. Rev. Stat. § 31-727, because owners representing a majority of the area within the proposed SID voted to form the district, and the petitioners had adequately identified the owners within the district.
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| In re Brown, No. S-34-050002,
SUPREME COURT OF NEBRASKA, January 13, 2006, Filed
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Overview: Application for admission to the Nebraska Bar without examination as a Class I-A applicant was granted because the applicant's education as a whole was functionally equivalent to an education received at an ABA-approved law school, and a waiver of the educational qualifications requirement under Neb. Ct. R., Admis. Att'ys 5(C) was appropriate.
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| Prokupek v. Larson (In re Larson), No. S-05-257.,
SUPREME COURT OF NEBRASKA, January 13, 2006, Filed
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Overview: In a guardianship, court's summary conclusions as to good cause and its orders extending Neb. Rev. Stat. § 30-2626(d) temporary guardianship until further order did not qualify as showing of good cause sufficient to circumvent individual's right to speedy resolution of whether, in fact, need existed to restrict his independence to extent exercised.
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| State v. Justin C. (In re Jagger L.), No. S-05-153.,
SUPREME COURT OF NEBRASKA, January 13, 2006, Filed
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Overview: Clear and convincing evidence supported terminating father's parental rights over his son pursuant to Neb. Rev. Stat. § 43-292. Father had no face-to-face contact with his son for almost two years, and there was evidence that adoption and permanency with child's foster family with whom he had bonded would provide him with a happy and healthy life.
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