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| Maxon v. City of Grand Island, No. S-05-1204,
SUPREME COURT OF NEBRASKA, May 25, 2007, Filed
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Overview: Although the term misconduct, as used in Grand Island, Neb., City Ordinance ch. 2, art. II, § 2-22, was not unconstitutionally vague, the allegations of unsatisfactory performance, incompetence, and insubordination against a former emergency management director were insufficient to constitute misconduct as that term was generally understood.
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| Platte Valley Nat'l Bank & Trust Co. v. Lasen, No. S-05-1073,
SUPREME COURT OF NEBRASKA, May 25, 2007, Filed
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Overview: Because the district court's order reviving an action was not a final, appealable order, the Nebraska Supreme Court was without jurisdiction to address the substantive issue of whether revival was proper. The order of revivor could not be appealed until a final judgment was rendered.
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| State ex rel. Counsel for Discipline v. Dortch, No. S-07-093,
SUPREME COURT OF NEBRASKA, May 25, 2007, Filed
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Overview: Attorney was disbarred from the practice of law in Nebraska because the requirements of Neb. Ct. R. Disc. 10(I) had been satisfied, when the failure of the attorney to answer the formal charges subjected the attorney to a judgment on the formal charges filed.
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| State v. Archie, No. S-05-1145,
SUPREME COURT OF NEBRASKA, May 25, 2007, Filed
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Overview: In an incest case, any error in the admission of a witness's statement that she had no concerns that the child was not telling the truth was harmless because the effect of the statement was not to vouch for the credibility of the victim, but simply to explain why she departed from the standard interview form in her interview of the victim.
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| State v. York, No. S-06-957,
SUPREME COURT OF NEBRASKA, May 25, 2007, Filed
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Overview: Ineffective assistance of counsel claims raised in a prisoner's direct appeal brief, specifically, his allegation that his trial counsel had a conflict of interest and incorrectly advised him that pleading guilty to incest would result in a sentence of probation, were not procedurally barred in a subsequent postconviction proceeding.
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| Aramark Unif. Servs. v. Meylan Enters., No. A-05-771,
NEBRASKA COURT OF APPEALS, May 29, 2007, Filed
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Overview: Order awarding the service provider liquidated damages was affirmed because there was sufficient evidence that reasonably anticipated damages were difficult to ascertain when the parties entered into the contract, as there were fluctuating long-term fuel and cloth costs.
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| R.P. v. Mental Health Bd. (In re R.P.), No. A-06-1045,
NEBRASKA COURT OF APPEALS, May 29, 2007, Filed
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Overview: A finding that an individual remained a mentally ill and dangerous person and that the least restrictive treatment alternative was inpatient commitment was proper because a mental health practitioner testified that his treatment of the individual was not productive and outpatient treatment was not meeting the individual's needs.
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| Spicer Ranch v. Schilke, No. A-05-992,
NEBRASKA COURT OF APPEALS, May 29, 2007, Filed
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Overview: Summary judgment in favor of the lessee on the issue of damages was reversed and remanded because there was a material issue of fact as to whether the damaged windbreak was used for residential and recreational purposes, or whether the windbreak was simply a normal and average farm windbreak.
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| State v. McCulloch, No. A-06-275,
NEBRASKA COURT OF APPEALS, May 29, 2007, Filed
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Overview: Because the only evidence sufficient to prove the necessary element of statutory sexual assault that defendant was 19 years of age or older at the time of the incident was elicited by defense counsel, the appellate court concluded that defense counsel performed in a deficient manner and that such deficient performance prejudiced defendant.
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| Wright v. County of Douglas, No. A-05-956,
NEBRASKA COURT OF APPEALS, May 29, 2007, Filed
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Overview: Testing laboratories properly confirmed a demoted county employee's positive drug test results using gas chromatography and mass spectrometry (GC/MS). Requirements of Neb. Rev. Stat. § 48-1903 were not violated. It was not necessary that the Nebraska Department of Health and Human Services specifically approve of the GC/MS testing technique.
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