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| State v. Hernandez-Martinez, Nos. A-04-848, A-04-849.,
NEBRASKA COURT OF APPEALS, January 17, 2006, Filed
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Overview: Methamphetamine cases against defendant in 2001 and 2003 were properly consolidated because they both involved methamphetamine, and were committed in similar fashions. Thus, they were properly joinable under Neb. Rev. Stat. § 29-2002(1).
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| State v. Holguin, No. A-05-091.,
NEBRASKA COURT OF APPEALS, January 17, 2006, Filed
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Overview: Search warrant relied on was invalid, and a good faith exception to the exclusionary rule did not apply; thus, evidence seized from defendant's motel room pursuant to the warrant should not have been received in evidence. Affidavit did not make showing of probable cause that evidence of crime would be found in hotel room that defendant had key to.
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| Carter v. Percy (In re Estate of Lamplaugh), No. S-04-959.,
SUPREME COURT OF NEBRASKA, January 20, 2006, Filed
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Overview: Trial court did not err in finding that deceased's estate was liable to pay checks to housekeeper based on sufficient donative intent, but regardless of common law rules of intent and presentment, Neb. Rev. Stat. § 30-2723(d) provided that the surviving party/beneficiary or decedent's estate was liable to payee for an unpaid request for payment.
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| State ex rel. Counsel for Discipline of the Neb. Supreme Court v. Horneber, No. S-04-1139.,
SUPREME COURT OF NEBRASKA, January 20, 2006, Filed
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Overview: Attorney was suspended from practicing law for two years based on her violations of Neb. Code Prof. Resp. DR 1-102 and DR 7-102 because she advised and helped a client to frustrate divorce decree that required he convey property to his ex-wife and then engaged in a pattern of misconduct to cover up the deceit and failed to recognize her wrongdoing.
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| State v. Dean, No. S-05-626.,
SUPREME COURT OF NEBRASKA, January 20, 2006, Filed
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Overview: Appellant convicted of second degree murder and use of a firearm to commit a felony was not entitled to relief under the DNA Testing Act, Neb. Rev. Stat. §§ 29-4116 to 29-4125. The undisputed trial evidence showed that appellant was the person who fired the fatal shot.
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| State v. Furrey, No. S-04-1158.,
SUPREME COURT OF NEBRASKA, January 20, 2006, Filed
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Overview: Appeals court did not err in affirming the denial of defendant's plea in bar to an amended DUI complaint because there was no violation of double jeopardy principles where the case presented a single proceeding in which jeopardy was not terminated and there was no retrial. Also, the amendment did not change the offense charged or mislead defendant.
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| State v. Rieger, No. S-03-670.,
SUPREME COURT OF NEBRASKA, January 20, 2006, Filed
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Overview: Intermediate appellate court erred in affirming denial of inmate's request for post-conviction relief when it calculated speedy trial limitations because it incorrectly applied speedy trial rule of Neb. Rev. Stat. § 29-1207 to determine the expiration of time limitation for trial under Agreement on Detainers, codified at Neb. Rev. Stat. § 29-759.
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| Strunk v. Chromy-Strunk, No. S-04-879.,
SUPREME COURT OF NEBRASKA, January 20, 2006, Filed
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Overview: Where settlement agreement provided husband with lien on marital property should wife convey that property, it was part of a judgment. The provision was not void due to its conditional nature because the void conditional judgment rule did not extend to actions in equity.
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| Roseland v. Strategic Staff Mgmt., No. A-04-627.,
NEBRASKA COURT OF APPEALS, January 24, 2006, Filed
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Overview: In an action brought under Nebraska's Wage Payment and Collection Act, because company's employee handbook specifically provided that employees would not be paid for vacation time available upon employee's resignation or termination of employment, trial court erred as a matter of law in awarding employees judgment for unused vacation time.
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| State v. Schoen, No. A-05-014.,
NEBRASKA COURT OF APPEALS, January 24, 2006, Filed
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Overview: While a controlled buy from defendant referred to in the affidavit could not form the basis for a conclusion that drugs would probably be found at defendant's residence, the evidence seized was not subject to suppression under a good faith analysis as the officer's belief in the existence of probable cause for the search was reasonable.
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