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| Rinne v. Pawnee County Bd., No. A-05-281.,
NEBRASKA COURT OF APPEALS, April 3, 2007, Filed
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Overview: In a citizen's action against several county entities and personnel, the trial court did not err in granting summary judgment in favor of the County as the citizen made no specific argument relating to his complaints and how certain events, if they occurred, were violations of Nebraska's Open Meetings Act, Neb. Rev. Stat. § 84-1407 et seq.
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| Roman v. Werner Enters., No. A-06-809.,
NEBRASKA COURT OF APPEALS, April 3, 2007, Filed
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Overview: Judge did not abuse discretion under the relaxed evidentiary rules in Neb. Rev. Stat. § 48-168, in allowing the use, for impeachment purposes, of applicant's testimony at a workers' compensation hearing in New York or in receiving the report of a physician who did not physically examine applicant; workers' compensation court's order was affirmed.
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| State v. Cervantes, Nos. A-06-852, A-06-878,
NEBRASKA COURT OF APPEALS, April 3, 2007, Filed
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Overview: Trial court did not err in accepting defendant's plea of guilty to the habitual criminal charge because the trial court established a proper factual basis for defendant's plea, using the preferred method of direct inquiry of defendant.
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| State v. Deras, No. A-06-702.,
NEBRASKA COURT OF APPEALS, April 3, 2007, Filed
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Overview: Defendant's conviction and sentence for child abuse under Neb. Rev. Stat. § 28-707 were upheld because, inter alia, evidence of the wife's prior misdemeanor assault conviction was inadmissible propensity evidence under Neb. Rev. Stat. § 27-404(2) and there was sufficient evidence that he burned a child's leg with a lighter.
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| State v. HHS (In re Teneko P.), No. A-06-1030,
NEBRASKA COURT OF APPEALS, April 3, 2007, Filed
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Overview: The juvenile court erred in placing a child in the temporary custody of Office of Juvenile Services (OJS), which was part of the Nebraska Department of Health and Human Services. Under Neb. Rev. Stat. § 43-413(3), the child could not be committed to the temporary custody of OJS prior to disposition.
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| Malolepszy v. State, No. S-05-993,
SUPREME COURT OF NEBRASKA, April 6, 2007, Filed
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Overview: In a suit filed against the State by plaintiff, who was injured as the result of a collision in construction zone when another driver drove his vehicle from the shoulder into the lane in which plaintiff was driving, the other driver was sole proximate cause of the accident. Whether signage in construction zone was adequate was of no importance.
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| State ex rel. Stivrins v. Flowers, No. S-06-1044,
SUPREME COURT OF NEBRASKA, April 6, 2007, Filed
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Overview: Relators were entitled to peremptory writ of mandamus where, pursuant to Neb. Rev. Stat. § 27-503(1)(b), attorney-client relationship existed between doctor's attorney and witness, and information sought to be disclosed was protected confidential communication; an appeal after disclosure of the privileged communications would be inadequate remedy.
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| State v. Dockery, No. S-06-526,
SUPREME COURT OF NEBRASKA, April 6, 2007, Filed
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Overview: Although defendant argued that his right to a speedy trial under Neb. Rev. Stat. § 29-1207 was violated, defendant waived any objection because he did not file a motion to discharge before trial started. Speedy trial clock excluded any period of delay during which it was determined whether defendant was competent to stand trial.
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| Wilczewski v. Neth, No. S-05-1378,
SUPREME COURT OF NEBRASKA, April 6, 2007, Filed
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Overview: For purposes of the Nebraska Motor Vehicle Operator's License Act, driver's license applicant's current period of ineligibility in Missouri constituted a revocation as defined by Neb. Rev. Stat. § 60-476.01 (Reissue 2004). Applicant could not be licensed to drive in Nebraska until his five-year period of ineligibility to drive in Missouri ended.
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