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| Davis v. FOP Lodge No. 8, No. A-04-1189,
NEBRASKA COURT OF APPEALS, April 10, 2007, Filed
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Overview: Nebraska Commission of Industrial Relations (CIR) properly granted employees relief as to their fair representation claims against a union because, inter alia, the CIR had jurisdiction under Neb. Rev. Stat. § 48-811, and the claims were timely under Neb. Rev. Stat. § 48-825(1) since the union's conduct constituted continuing violations.
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| Keup v. Dep't of Corr. Servs., No. A-04-1473.,
NEBRASKA COURT OF APPEALS, April 10, 2007, Filed
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Overview: Trial court correctly held that an inmate failed to allege a "tort claim" as defined in Neb. Rev. Stat. § 81-8,210(4) and correctly dismissed his petition as he alleged no such injury to, destruction of, or loss of tangible physical property and alleged only a denial of allegedly owed wages for his prison job.
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| Khan v. Midwest Cardiology, P.C., No. A-05-316.,
NEBRASKA COURT OF APPEALS, April 10, 2007, Filed
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Overview: In a dispute between cardiologists about the management of their physicians group, the trial court properly declared that two of the doctors retained their voting rights under Neb. Rev. Stat. § 21-2060 and denied the third doctor's cross-claim to dissolve the corporation as the first two doctors retained their voting rights and did not resign.
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| State v. McCray, Nos.A-06-404, A-06-405.,
NEBRASKA COURT OF APPEALS, April 10, 2007, Filed
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Overview: In an attempted robbery case, the trial court did not abuse its discretion in sentencing defendant to four to six years' imprisonment on each of three counts under Neb. §§ 28-105, -201, -324, as the sentences were within the statutory limits, defendant had an extensive criminal history, and the trial court considered the relevant factors.
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| State v. Bakewell, No. S-06-765,
SUPREME COURT OF NEBRASKA, April 13, 2007, Filed
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Overview: A county court properly denied defendant's motion to suppress a police officer's observations, defendant's admissions, and other evidence obtained subsequent to a stop of his vehicle because under the community caretaking exception to the Fourth Amendment and the circumstances, it was reasonable for the officer to approach defendant's vehicle.
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| State v. McKinney, No. S-05-591,
SUPREME COURT OF NEBRASKA, April 13, 2007, Filed
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Overview: Pursuant to the Fourth Amendment, a district court erred in not suppressing DNA evidence taken from defendant while she was serving a sentence on a misdemeanor conviction as the police lacked probable cause to believe that she was involved in the murder, but the error was harmless given the other evidence supporting the jury's verdict.
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| Krumwiede v. Metro. Utils. Dist., No. A-06-753.,
NEBRASKA COURT OF APPEALS, April 17, 2007, Filed
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Overview: Court erred in finding claimant was not entitled to vocational rehabilitation and Workers' Compensation Court review panel did not err in finding, considering loss of wages, the claimant was entitled to award of vocational rehabilitation as she could not return to suitable employment as she only had training in older computer programming languages.
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| State v. Hale, No. A-06-079.,
NEBRASKA COURT OF APPEALS, April 17, 2007, Filed
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Overview: Evidence was sufficient to convict defendant of first degree assault, Neb. Rev. Stat. § 28-308(1), as victim suffered serious bodily injury and there was evidence that defendant intentionally caused the injury. Civil judgment could not be imposed as part of criminal sentence, but defendant was ordered to make restitution, Neb. Rev. Stat. § 29-2281.
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| State v. Mark K. (In the Interest of Markus K.), Nos. A-06-1050, A-06-1051.,
NEBRASKA COURT OF APPEALS, April 17, 2007, Filed
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Overview: Court did not err in adjudicating father's two children as lacking care under Neb. Rev. Stat. § 43-247(3)(a) and terminating his parental rights under Neb. Rev. Stat. § 43-292(2); inter alia, children had been in an out-of-home placement for 15 of most recent 22 months and reunification was not an option given father's incarceration until 2012.
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| State v. White, No. A-06-794,
NEBRASKA COURT OF APPEALS, April 17, 2007, Filed
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Overview: Officer had a reasonably objective suspicion to make second stop of defendant's vehicle and therefore motion to suppress was properly denied where the officer had a reliable report of a burglary at a nearby apartment complex, defendant and his passengers were seen fleeing from the complex, and defendant's vehicle had just been stopped for speeding.
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