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| State v. Dalton S. (In re Dalton S.), No. S-06-742.,
SUPREME COURT OF NEBRASKA, May 4, 2007, Filed
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Overview: Juvenile intelligently, voluntarily, and understandingly waived his right to counsel, Neb. Rev. Stat. § 43-272, because, although 9 years old and mildly mentally handicapped, the juvenile and his mother were together when given, in plain language, an explanation of the right to counsel and the juvenile's mother told him he did not need a lawyer.
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| State v. Thurman, No. S-06-761.,
SUPREME COURT OF NEBRASKA, May 4, 2007, Filed
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Overview: Evidence was sufficient to sustain a first degree sexual assault conviction, Neb. Rev. Stat. § 28-319, because the victim testified that defendant penetrated her vagina with his penis, that he anally penetrated her, and that he forced her to perform oral sex on him; that defendant was unable to maintain an erection was inconsequential.
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| Knittel v. State, No. A-05-1067,
NEBRASKA COURT OF APPEALS, May 8, 2007, Filed
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Overview: Court's finding a concert patron failed to sustain her burden of proving stairs in State owned center constituted a dangerous condition was not clearly wrong; inter alia, her expert was a safety professional, but not an engineer and there was evidence that no accidents or injuries occurring inside center had been reported prior to instant accident.
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| Sack Lumber Co. v. Goosic, No. A-05-621,
NEBRASKA COURT OF APPEALS, May 8, 2007, Filed
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Overview: Court did not err in finding a contractor's wife was a Neb. Rev. Stat. § 3-419(a) accommodation party on a note to lumber company; husband's contracting business was solely his, he alone filed for bankruptcy, and even though the wife was a grantor on the deed conveying the "spec" house, she had her own job and never used business checking account.
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| State v. Jesse D. (In re Jesse D.), No. A-06-925,
NEBRASKA COURT OF APPEALS, May 8, 2007, Filed
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Overview: Although Office of Juvenile Services (OJS) attempted to tender payment of docket fee during 30 days after entry of county court's order, docket fee was not actually paid until August 24, 2006, which was more than 30 days after entry of county court's order and since said payment was a jurisdictional requirement, appellate court lacked jurisdiction.
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| State v. Thompson, No. A-05-233,
NEBRASKA COURT OF APPEALS, May 8, 2007, Filed
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Overview: District court did not err in denying defendant's motion for postconviction relief because defendant failed to allege facts showing a violation of his constitutional rights and for the same reasons, the court did not err in denying an evidentiary hearing on the postconviction motion or in denying defendant's request for the appointment of counsel.
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| Neb. Coalition for Educational Equity & Adequacy v. Heineman, No. S-05-1357,
SUPREME COURT OF NEBRASKA, May 11, 2007, Filed
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Overview: A coalition's claims that Nebraska's education funding system did not provide sufficient funds for an "adequate" and "quality" education presented nonjusticiable political questions. The relationship between school funding and educational quality required a policy determination that was clearly for the legislative branch.
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