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| Mogensen v. Mogensen, No. S-05-879.,
SUPREME COURT OF NEBRASKA, March 16, 2007, Filed
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Overview: The trial court properly applied the presumption in Neb. Rev. Stat. § 67-412(3) to conclude that a parcel of real property that was bought with partnership funds, was partnership property. However, that presumption did not apply to a second parcel that a partner bought solely with his own funds.
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| State v. Jeffrey K. (In re Jeffrey K.), No. S-05-1033.,
SUPREME COURT OF NEBRASKA, March 16, 2007, Filed
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Overview: There was sufficient evidence to support defendant juvenile's conviction for stalking in violation of Neb. Rev. Stat. § 28-311.03, where defendant: (1) yelled at the victim close to 200 times during a two-month period; (2) threw food at the victim; and (3) shoved a chair directly in the victim's path, causing the chair to hit the victim.
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| State v. Kuehn, No. S-05-888.,
SUPREME COURT OF NEBRASKA, March 16, 2007, Filed
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Overview: The trial court did not err in admitting testimony of physicians who treated child abuse victim. The testimony was relevant to the question of whether victim's injury was sustained by accident or through an intentional action. The testimony assisted the jury in understanding the extent of victim's injury and the manner in which it occurred.
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| State v. McCrimon, No. A-06-492.,
NEBRASKA COURT OF APPEALS, March 20, 2007, Filed
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Overview: Probation condition requiring defendant to pay $ 200 per month toward his child support arrearage was affirmed because the condition was reasonable and statutorily authorized under Neb. Rev. Stat. § 29-2262(2)(c), as supporting one's child was unquestionably a family responsibility.
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| State v. Scheffert, No. A-06-831,
NEBRASKA COURT OF APPEALS, March 20, 2007, Filed
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Overview: In a Nebraska DUI case, the trial court did not err when it relied upon two South Dakota convictions to enhance defendant's conviction to a fourth offense. Sufficient evidence was presented that the law which defendant was charged under and pled guilty to was similar to the applicable law in Nebraska at the time of his South Dakota convictions.
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| Yenney v. Neb. DMV, No. A-05-695,
NEBRASKA COURT OF APPEALS, March 20, 2007, Filed
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Overview: Nebraska Department of Motor Vehicles did not make a prima facie case for revocation of motorist's driver's license, where the handwritten reasons for motorist's arrest did not recite that motorist was driving or in a vehicle or even near one. Because Department did not meet its burden of proof, motorist's license should not have been revoked.
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