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| Anderson v. Anderson, No. A-04-873.,
NEBRASKA COURT OF APPEALS, February 7, 2006, Filed
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Overview: Court affirmed an order which, among other things, dissolved parties' marriage, divided marital assets and debts, and awarded alimony; although disparity in incomes could be used as partial justification for award of alimony under Neb. Rev. Stat. § 42-365 (Reissue 2004), it was not permissible to simply increase award so as to equalize incomes.
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| Blair v. Neb. Dep't of Corr. Servs., No. A-04-921.,
NEBRASKA COURT OF APPEALS, February 7, 2006, Filed
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Overview: Record contained sufficient competent evidence under Neb. Rev. Stat. § 83-4,122 to support the finding that inmate violated a Nebraska Department of Correctional Services' rule against swearing, cursing, or using abusive language or gestures. Institutional disciplinary committee was not precluded from amending disciplinary charges against inmate.
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| Camp v. Camp, No. A-04-685.,
NEBRASKA COURT OF APPEALS, February 7, 2006, Filed
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Overview: In dissolution action, on remand, district court erred in characterizing enforcement of original judgment dividing marital property as money judgment because it expanded original judgment by awarding interest on money judgment retroactive to date of original decree.
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| State ex rel. Bonner v. McSwine, No. A-05-146.,
NEBRASKA COURT OF APPEALS, February 7, 2006, Filed
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Overview: The district court did not err in failing to find that a father's child support obligation had terminated in 1995. While the record showed that a show cause order was dismissed in 1995, the record contained no indication whatsoever that the father's child support obligation was ever terminated.
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| Ptak v. Swanson, No. S-04-1009.,
SUPREME COURT OF NEBRASKA, February 10, 2006, Filed
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Overview: Trial court properly dismissed representative's action to recover amounts improperly distributed to defendant for lack of subject matter jurisdiction because recovery of the estate assets was inextricably tied to probate of estate under § 24-517(1) and the right of recovery arose in the probate court.
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| State v. Voichahoske, No. S-05-132.,
SUPREME COURT OF NEBRASKA, February 10, 2006, Filed
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Overview: Defendant's conviction for the possession of methamphetamine was proper under the Fourth Amendment where a drug dog's alert, combined with defendant's complicity in hiding the driver's identity, provided probable cause particularized to defendant that he was concealing drugs on his person.
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| Platte Valley Nat'l Bank v. Lasen (In re Conservatorship of Anderson), No. A-05-134.,
NEBRASKA COURT OF APPEALS, February 14, 2006, Filed
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Overview: Daughter of ward had no standing to complain about the conservator's choice of lawyers on the ground that such lawyers also represented the grandchildren, in the original proceedings in which grandchildren petitioned for conservatorship. Nor could appellants base their disqualification claim on rights of either conservator or the grandchildren.
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| State v. Gonzales, No. A-04-299.,
NEBRASKA COURT OF APPEALS, February 14, 2006, Filed
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Overview: Denial of postconviction relief, asserting ineffective assistance of counsel, without an evidentiary hearing, was reversed and remanded because without an evidentiary hearing, the appellate court was unable to determine why counsel might have believed the co-defendant's out-of-court statements would be admissible against appellant.
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| State v. Miguel G. (In re Miguel G.), No. A-05-865.,
NEBRASKA COURT OF APPEALS, February 14, 2006, Filed
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Overview: Although father argued that the juvenile court erred in failing to appoint a guardian ad litem to him pursuant to Neb. Rev. Stat. § 43-292.01, because the State did not seek to terminate father's parental rights pursuant to Neb. Rev. Stat. § 43-292(5), the mandatory provisions of Neb. Rev. Stat. § 43-292.01 did not apply.
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