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   State Courts - Nebraska - July 25, 2006

  
Deitloff Transfer, Inc. v. Omaha Truck Ctr., Inc., No. A-05-915., NEBRASKA COURT OF APPEALS, July 25, 2006, Filed
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Overview: Other facility's repair invoice of company's truck was erroneously admitted into evidence, Neb. Rev. Stat. § 27-803(5), and without it, there was insufficient evidence that act or omission by repair center proximately caused damages to company. Reasonable trier of fact could have found for company given evidence; thus, a new trial was ordered.

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Poskochil v. Poskochil, No. A-05-1217., NEBRASKA COURT OF APPEALS, July 25, 2006, Filed
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Overview: Court properly modified child custody to a father, Neb. Rev. Stat. § 42-364, because, although both parents provided equal care for the child and the child was bonded with both parents, the father's home had been the child's primary residence since birth, and the child was well adjusted and a good student.

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Sanford v. Clear Channel Broad., Inc., No. A-04-940., NEBRASKA COURT OF APPEALS, July 25, 2006, Filed
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Overview: Although employer's policy requiring employee to be employed with station at time advertisement was run in order to be paid commission was void as it clearly conflicted with definition of wages found in Neb. Rev. Stat. § 48-1229(4), judgment was properly granted in favor of employer because employee failed to meet burden of proof regarding damages.

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State v. Howard, No. A-06-047., NEBRASKA COURT OF APPEALS, July 25, 2006, Filed
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Overview: District court abused its discretion in finding that defendant's sentence was excessive where the county court considered the statutory factors of Neb. Rev. Stat. § 29-2263(1) and the information contained in the presentence investigation report and imposed its sentence. District court substituted its own judgment for that of the county court.

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State v. Rose, No. A-05-1535., NEBRASKA COURT OF APPEALS, July 25, 2006, Filed
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Overview: Trial court's factual findings that defendant voluntarily waived his right to remain silent were not clearly erroneous. A police officer ceased the interrogation upon defendant's invocation of the right to remain silent, and the interrogation only resumed when defendant later made it clear that he changed his mind and wished to make a statement.

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