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| Anonymous v. Vanconcellos, No. A-05-743.,
NEBRASKA COURT OF APPEALS, February 6, 2007, Filed
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Overview: A patient's complaint against a licensed mental health professional was barred by the statute of limitations, Neb. Rev. Stat. § 25-222, where the basis of her cause of action was that she had been improperly treated for past sexual abuse and discovery of why did not toll statute of limitations; the patient knew the basis of her cause of action.
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| Lind v. Clay County Mut. Ins. Co., No. A-05-852.,
NEBRASKA COURT OF APPEALS, February 6, 2007, Filed
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Overview: Summary judgment was properly granted in favor of insurer where center pivot was not a "structure" under terms of the insurance policy, and plain language of the additional coverages section of the property protection portion required that terms "structure" and "farm equipment and farm machinery" be understood to mean separate and distinct items.
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| State ex rel. Tyler v. Houston, No. A-06-010.,
NEBRASKA COURT OF APPEALS, February 6, 2007, Filed
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Overview: Defendant was not entitled to habeas corpus relief under a theory of credit as time served or good time credit, Neb. Rev. Stat. § 83-1,107; defendant was entitled to no credit for the 202 days he was out of custody and in violation of his appearance bond.
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| State v. Holladay, No. A-06-066.,
NEBRASKA COURT OF APPEALS, February 6, 2007, Filed
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Overview: Defendant was not denied effective assistance of counsel when trial counsel failed to object to State's comments concerning Native Americans; counsel was not deficient in failing to object as State's questioning was not improper. State's use of defendant's exhibits was permissible and testimony rebutted defendant's testimony on direct examination.
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| State v. Taylor P. (In re Taylor P.), No. A-06-418.,
NEBRASKA COURT OF APPEALS, February 6, 2007, Filed
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Overview: Minor was properly adjudicated under Neb. Rev. Stat. § 43-247(1) for sexual contact without consent under Neb. Rev. Stat. § 28-320(3) because the evidence showed that the minor intentionally moved his hand up to victim's genital area and that he touched her buttocks so as to establish sexual contact without consent under Neb. Rev. Stat. § 28-318.
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| Tipp v. Reinbrecht (In re Trust of Rosenberg), No. S-05-757,
SUPREME COURT OF NEBRASKA, February 9, 2007, Filed
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Overview: Upon the decedent's death, certain property passed to the daughter in her individual capacity, Neb. Rev. Stat. §§ 30-3827(2), 30-2723(a); county court did not err in removing the successor trustee, Neb. Rev. Stat. § 30-3868, and his fees were proper. The daughter's attorney fees were to be paid from the trust, Neb. Rev. Stat. § 30-3893.
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| State v. Ajamu, Nos. A-05-920, A-05-921, A-05-922,
NEBRASKA COURT OF APPEALS, February 13, 2007, Filed
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Overview: Trial court did not err in accepting defendant's waiver of counsel as being knowingly, voluntarily, and intelligently given and in finding him competent to waive counsel. Defendant knew and understood the charges against him and knew he would be representing himself. He decided to represent himself knowing that counsel had been appointed for him.
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| State v. McCulloch, No. A-06-275,
NEBRASKA COURT OF APPEALS, February 13, 2007, Filed
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Overview: Testimony of witnesses was sufficient to show that defendant sexually penetrated the victim when she was less than 16 years of age and that defendant was over 19 years of age at the time of the incident. Thus, there was sufficient evidence to support defendant's conviction for first degree sexual assault.
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| State v. Tuttle, No. A-06-301,
NEBRASKA COURT OF APPEALS, February 13, 2007, Filed
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Overview: In a vehicular homicide case, the evidence was sufficient to sustain the underlying conviction for careless driving, Neb. Rev. Stat. § 60-6,212, because a witness testified that defendant cut him off, and the witness watched the vehicle for "a while" and noticed that defendant was driving at a high speed and moving in and out of traffic.
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| Doe ex rel. Doe v. Omaha Pub. Sch. Dist., No. S-05-794,
SUPREME COURT OF NEBRASKA, February 16, 2007, Filed
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Overview: A district court erred in granting a school district's motion to dismiss a father's negligence claim where he had alleged that the district had actual notice of a student's history of physical and sexual misconduct toward other students prior to an alleged assault on his daughter, and neither Neb. Rev. Stat. § 13-910(7), (2), nor (1) applied.
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