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| Hampton v. Shaw, No. A-04-819.,
NEBRASKA COURT OF APPEALS, February 21, 2006, Filed
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Overview: Where patient claimed damage to her spleen during surgery and its removal was negligent, continuing treatment doctrine did not toll statute of limitations under Neb. Rev. Stat. § 44-2828; removal of the surgical staples, which she alleged extended statute, even if deemed "treatment," was not performed by defendant doctors but by her family doctor.
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| State v. Brown, No. A-05-683.,
NEBRASKA COURT OF APPEALS, February 21, 2006, Filed
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Overview: Prior plea-based DUI conviction was valid for enhancement purposes for defendant's instant DUI conviction and prior plea was not obtained in violation of his Sixth Amendment right to counsel because the word "Waived" was handwritten in the space for entry of name of defense counsel on court's journal entry form and that was evidence of his waiver.
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| State v. James E. (In re Sierra E.), No. A-05-932.,
NEBRASKA COURT OF APPEALS, February 21, 2006, Filed
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Overview: Juvenile court did not err in terminating a father's parental rights to his child pursuant to Neb. Rev. Stat. § 43-292(1), where clear and convincing evidence supported the juvenile court's finding that the father had abandoned the child for at least six months prior to the filing of the motion for termination of his parental rights.
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| State ex rel. Counsel for Discipline v. Gleason, No. S-05-1330.,
SUPREME COURT OF NEBRASKA, February 24, 2006, Filed
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Overview: Attorney was disbarred where, pursuant to Neb. Ct. R. Disc. 15, Supreme Court of Nebraska found that he had voluntarily surrendered his license to practice law and stated in writing he knowingly did not contest truth of allegations in 2 grievances, which, in summary, alleged that he had misappropriated approximately $ 57,000 of his clients' funds.
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| Morrissey v. Knippelmeyer, No. A-03-1059.,
NEBRASKA COURT OF APPEALS, February 28, 2006, Filed
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Overview: Summary judgment for sellers was not proper where defendants signed second promissory note at closing of sale of store for value of inventory that exceeded financing obtained by purchaser because there was question of material fact as to whether sellers breached original purchase agreement regarding valuation of inventory.
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| Precision Enters. v. Duffack Enters., No. A-04-756.,
NEBRASKA COURT OF APPEALS, February 28, 2006, Filed
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Overview: Car dealership's reliance on buyer's assertions that trade-in vehicle had not been damaged was unreasonable. Dealership was in possession of the means of discovering the actual condition of the trade-in and had a duty of ordinary prudence. Dealership's allegation of fraudulent misrepresentation was not proven by a preponderance of the evidence.
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| State v. Rohde, No. A-05-413.,
NEBRASKA COURT OF APPEALS, February 28, 2006, Filed
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Overview: In a prosecution of defendant for second offense driving under the influence in violation of former Neb. Rev. Stat. § 60-6,196, the county court did not abuse its discretion in revoking defendant's driver's license for one year rather than ordering him not to drive as a condition of probation.
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| State v. Tompkins, No. A-05-212.,
NEBRASKA COURT OF APPEALS, February 28, 2006, Filed
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Overview: In defendant's drug case, although the search warrant was not supported by probable cause, Fourth Amendment, the evidence was admissible pursuant to the good faith exception where the affiant officer offered facts that would lead a well-trained police officer to believe that contraband or evidence of a crime would likely be found at the duplex.
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