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   State Courts - Nebraska - January 27, 2006

  
Douglas County v. Kowal, No. S-04-1306., SUPREME COURT OF NEBRASKA, January 27, 2006, Filed
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Overview: Dismissal of the contempt proceeding was affirmed because the employee had been reinstated to her title of office manager/information coordinator, had received all required backpay, and was performing duties which were included in the job description for that position.

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Johnston v. Neb. Dep't of Corr. Servs., No. S-04-1404., SUPREME COURT OF NEBRASKA, January 27, 2006, Filed
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Overview: Inmate's appeal was dismissed as moot because the inmate was no longer in administrative confinement and had been returned to the general prison population of another institution, and the appellate court declined to hear the appeal under the public interest exception to the mootness doctrine.

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Pinnacle Bank v. Darland Constr. Co., No. S-04-1062., SUPREME COURT OF NEBRASKA, January 27, 2006, Filed
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Overview: Judgment in favor of the bank in its replevin action was reversed and remanded because the funds were not subject to an action for replevin, when the specific funds were not marked or set aside in a manner that would allow them to be specifically identified.

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State ex rel. Counsel for Discipline v. Paragas, No. S-05-772., SUPREME COURT OF NEBRASKA, January 27, 2006, Filed
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Overview: Pursuant to Neb. Ct. R. Disc. 13 and an attorney's conditional admission, Nebraska Supreme Court found that the attorney violated Neb. Code Prof. Resp. DR 1-102(A)(1) and (5) and Neb. Code Prof. Resp. DR 7-102(A)(3), as well as his oath of office as an attorney under Neb. Rev. Stat. § 7-104. It suspended him from the practice of law for 60 days.

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State v. Kawa, Nos. S-05-768, S-05-769., SUPREME COURT OF NEBRASKA, January 27, 2006, Filed
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Overview: Disqualification of defense counsel was affirmed because disqualification was necessary to protect both defendants' constitutional rights and the court's independent interest in the fairness of the proceedings and ethical standards of the profession.

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