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   State Courts - Nebraska - February 20 - February 23, 2007

  
Bice v. Abbott Enters., No. A-06-583, NEBRASKA COURT OF APPEALS, February 20, 2007, Filed
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Overview: Single judge of the Nebraska Workers' Compensation Court did not err in basing a claimant's average weekly wage on the amount paid to her by her family-run business. The single judge's factual finding that the business paid the claimant $ 500 each month based on her testimony was supported by the evidence.

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State v. Fisher, No. A-06-390, NEBRASKA COURT OF APPEALS, February 20, 2007, Filed
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Overview: Defendant's attempted first degree sexual assault on a child conviction under Neb. Rev. Stat. § 28-319(1)(c) was upheld because evidence of prior sexual conduct with the victim was not subject to Neb. Rev. Stat. § 27-404(2), the lesser-included offense instruction was proper, there was sufficient evidence, and the denial of probation was proper.

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State v. Lovette, No. A-06-281., NEBRASKA COURT OF APPEALS, February 20, 2007, Filed
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Overview: In a sexual assault on a child case, a court properly granted the State's request for a protective order, Neb. Rev. Stat. § 29-1915, because the discovery materials contained sexual content involving minors, and defendant and his counsel were given full access to the discovery materials for purposes of trial preparation.

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County of Sarpy v. City of Gretna, No. S-05-748, SUPREME COURT OF NEBRASKA, February 23, 2007, Filed
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Overview: Annexation ordinances for the City of Gretna, Nebraska, were invalid because the lands they sought to annex were not contiguous or adjacent to the corporate limits of the City, as required by Neb. Rev. Stat. § 17-405.01, when the lack of substantial adjacency to an existing corporate boundary precluded annexation under the statute.

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State v. Muse, No. S-05-947., SUPREME COURT OF NEBRASKA, February 23, 2007, Filed
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Tyler v. Houston, No. S-07-101., SUPREME COURT OF NEBRASKA, February 23, 2007, Filed
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Overview: While an inmate was lawfully free on bond pursuant to Neb. Rev. Stat. § 29-2823, he was not serving his sentence, and the time he spent free was not to be credited against his maximum sentence for purposes of determining his release date. Therefore, the inmate's petition for writ of habeas corpus challenging his continued confinement was denied.

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