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| Cole v. Isherwood, No. S-04-1270.,
SUPREME COURT OF NEBRASKA, June 9, 2006, Filed
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Overview: Summary judgment on inmate's state tort claims, Neb. Rev. Stat. § 81-8,213, was proper because inmate failed to properly raise the issues on appeal; inmate failed to exhaust his administrative remedies, 42 U.S.C.S. § 1997e(a), when bringing his 42 U.S.C.S. § 1983 claim. State did not have to pay for inmate's medical examination or transportation.
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| State ex rel. Musil v. Woodman, No. S-04-1420.,
SUPREME COURT OF NEBRASKA, June 9, 2006, Filed
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Overview: Trial court erred in granting property owner's petition for mandamus and ordering county board to amend county comprehensive plan to rezone the owner's property because the owner did not show clearly and conclusively that she was entitled to the relief of rezoning that she sought, and the board was not legally obligated to rezone.
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| State v. Robinson, No. S-05-326.,
SUPREME COURT OF NEBRASKA, June 9, 2006, Filed
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Overview: Trial court had statutory authority to impose sentence of life imprisonment for first-degree murder conviction, but it lacked authority to add phrase "without parole"; thus, erroneous imposition of life sentence without parole warranted remand for resentencing of appellant to life imprisonment.
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| Caudill v. Roberts, No. A-04-1314.,
NEBRASKA COURT OF APPEALS, June 13, 2006, Filed
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Overview: The district court did not err in denying the client's motion for a directed verdict where there was evidence upon which the jury could have found that the attorney did not violate the standard of care with respect to his handling of the limited partnerships and advice to his client.
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| Margo M. v. Martin S., No. A-05-1049.,
NEBRASKA COURT OF APPEALS, June 13, 2006, Filed
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Overview: Court did not abuse its discretion in changing custody of children to their father, Neb. Rev. Stat. § 42-364, because an expert testified that if the older child was returned to the mother's custody, the child would always believe he was a victim of sexual abuse at the hands of the father and would live with that identity.
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| Sanderson v. DMV, No. A-05-043.,
NEBRASKA COURT OF APPEALS, June 13, 2006, Filed
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Overview: In a case in which Nebraska Department of Motor Vehicles had revoked motorist's driver's license for one year, district court erred in determining that hearing officer should have granted a continuance on his own motion based on the unavailability of motorist's witness. Department took all necessary steps in securing witness's presence.
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| State v. Jose O. (In re Lawrence H.), No. A-05-1409.,
NEBRASKA COURT OF APPEALS, June 13, 2006, Filed
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Overview: Because juvenile court had not made any ruling on parents' motion to transfer the case to a tribal court, the motion to transfer was still pending, and the parents' appeal was premature. Because there was no final order under Neb. Rev. Stat. § 25-1902 from which the parents could appeal, appellate court lacked jurisdiction over the matter.
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| State v. Stetz, No. A-05-1131.,
NEBRASKA COURT OF APPEALS, June 13, 2006, Filed
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Overview: District court erred in reversing defendant's conviction for intimidation regarding March 26, 2001, telephone call to victim and properly affirmed conviction in regard to the May 29 telephone call where both calls fit within Neb. Rev. Stat. § 28-1310(1)(c), prohibiting telephone calls in which a person threatened to inflict injury to any person.
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