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| Japp v. Papio-Missouri River Natural Res. Dist., No. S-06-045,
SUPREME COURT OF NEBRASKA, June 22, 2007, Filed
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Overview: A natural resources district did not violate Neb. Const. art. XIII, § 3, by entering into an agreement with developers to construct two dams in a private commercial and residential development because the district, in agreeing to pay for the dams, did not lend or give state credit.
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| Ottaco Acceptance, Inc. v. Larkin, No. S-05-854,
SUPREME COURT OF NEBRASKA, June 22, 2007, Filed
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Overview: A corporation's tax deed was made substantially in the manner provided by Neb. Rev. Stat. §§ 77-1831 to 77-1842. Because the grantee did not satisfy the requirements of Neb. Rev. Stat. § 77-1843, it could not defeat the corporation's title, and its remaining claims were not reviewable as they had not been passed upon by the district court.
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| Stevenson v. Wright, No. S-06-320,
SUPREME COURT OF NEBRASKA, June 22, 2007, Filed
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Overview: Supreme Court of Nebraska held that evidence of conviction for city ordinance traffic infraction was not admissible in civil suit for damages arising out of same traffic infraction and district court erred in concluding conviction under Lincoln, Neb., Mun. Code § 10.14.290 was admissible against defendant in civil suit as evidence of negligence.
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| State ex rel. Newman v. Columbus Twp. Bd., No. A-06-575,
NEBRASKA COURT OF APPEALS, June 26, 2007, Filed
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Overview: Appellants were not entitled to a writ of mandamus requiring a township board to put into effect motions passed by the electors of the township at an annual meeting; the actions taken at the annual meeting violated the agenda requirements of the Nebraska Open Meetings Act because the electors voted upon items that were not included in the agenda.
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| State v. Aron, No. A-06-209,
NEBRASKA COURT OF APPEALS, June 26, 2007, Filed
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Overview: Court did not err by granting State's motion to file amended information prior to trial because it was based on same series of events, defendant's defense at all times was an assertion that he was not present during robbery, new preliminary hearing was held on amended information, and defendant did not request or demonstrate a need for continuance.
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| State v. Garcia, No. A-07-092,
NEBRASKA COURT OF APPEALS, June 26, 2007, Filed
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Overview: Defendant's motion to suppress was properly granted under the Fourth Amendment because a search warrant was not supported by probable cause, the good faith exception did not apply, and although she was not in custody for Miranda purposes, her statements made during the execution of the search were the "fruit" of the invalid warrant.
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| State v. Jones, No. A-06-959,
NEBRASKA COURT OF APPEALS, June 26, 2007, Filed
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Overview: Although drunk driving defendant argued that the State adduced insufficient evidence to establish compliance with title 177 of the Nebraska Administrative Code regarding the requirement that all blood specimens be refrigerated as soon as practical, there was no indication that there was a violation of title 177.
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| State v. Stewart, No. A-06-675,
NEBRASKA COURT OF APPEALS, June 26, 2007, Filed
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Overview: In a prosecution of defendant for first degree sexual assault on a child, accuser's initial statements were made under conditions likely to elicit truthfulness and her subsequent statements during a visit with a physician's assistant and during her interviews with police reinforced accuser's original trustworthy statements to her mother.
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