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| Hand v. Flexcon Co., No. A-06-709,
NEBRASKA COURT OF APPEALS, March 13, 2007, Filed
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Overview: Trial court did not err in finding that employee was not entitled to permanent disability benefits as a result of the July 20, 2003, accident. Trial court erred in failing to address issue of future medical benefits and, pursuant to Neb. Worker's Comp. R. 11, had to make reasoned determination on issue. Decision should have been captioned "Award."
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| MBNA Am. Bank, N.A. v. Runyan, No. A-06-541,
NEBRASKA COURT OF APPEALS, March 13, 2007, Filed
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Overview: Summary judgment for creditor in credit card dispute was appropriate because the creditor made a prima facie case against cardholder, which shifted burden to cardholder, and cardholder failed to produce any evidence.
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| Noss v. Noss, No. A-06-279,
NEBRASKA COURT OF APPEALS, March 13, 2007, Filed
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Overview: District court, on remand, had to recalculate father's child support obligation where evidence presented at trial did not support the income or tax deduction amounts used by the court. District court did not abuse its discretion in modifying custody by granting the mother sole custody, in modifying visitation, or denying the mother attorney fees.
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| State v. Atchison, No. A-06-703,
NEBRASKA COURT OF APPEALS, March 13, 2007, Filed
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Overview: Evidence was sufficient to support defendant's conviction under Neb. Rev. Stat. § 28-320.02 because defendant was told that the girl he was chatting with online, who was an undercover officer, was barely 15 years old and he set up and went to a meeting with the girl in order to have sex with her.
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| State v. Barritt, No. A-06-620,
NEBRASKA COURT OF APPEALS, March 13, 2007, Filed
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Overview: State's motion in limine concerning past sexual behavior of child victim was sustained as evidence of victim's past sexual behavior was not admissible under Neb. Rev. Stat. § 28-321. Evidence was sufficient to convict defendant, Neb. Rev. Stat. § 28-319(1), and as he was sentenced near low end of possible sentencing range, it was not excessive.
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| State v. Neb. HHS (In re Vincent P.), No. A-06-786,
NEBRASKA COURT OF APPEALS, March 13, 2007, Filed
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Overview: Appellant, a juvenile, challenged a dispositional order and juvenile court's decision not to terminate jurisdiction of Nebraska Department of Health and Human Services (DHHS). Dispositional order was proper because record supported conclusion that appellant would benefit from therapy and continual monitoring.
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| State v. Schlautman, No. A-06-385,
NEBRASKA COURT OF APPEALS, March 13, 2007, Filed
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Overview: The district court did not err in granting a father custody of a child on the basis of the mother's move to another city. The father was capable of providing a stable environment for the child, and there was no evidence to indicate that awarding custody of the child to the father constituted an abuse of discretion by the district court.
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| State v. Volcek, Nos. A-06-568, A-06-569,
NEBRASKA COURT OF APPEALS, March 13, 2007, Filed
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Overview: Because defendant failed to appeal from sentencing order which first imposed jail term as term of probation, defendant failed to timely perfect an appeal challenging probation, Neb. Rev. Stat. § 25-1902; thus, appellate court lacked jurisdiction to hear appeal. In second case, defendant failed to include applicable ordinance in record on appeal.
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