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   State Courts - Nebraska - July 27 - July 31, 2007

  
Hughes v. Omaha Pub. Power Dist., Nos. S-05-1223, S-06-216., SUPREME COURT OF NEBRASKA, July 27, 2007, Filed
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Overview: Omaha Public Power District did not owe duty to warn decedent of dangerous powerlines under One-Call Notification System Act, Neb. Rev. Stat. §§ 76-2301 to 76-2330, and did not owe common-law duty; there were genuine issues of material fact as to whether decedent knew about danger posed by underground line when he took action resulting in death.

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Poppe v. Siefker, No. S-05-670., SUPREME COURT OF NEBRASKA, July 27, 2007, Filed
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Overview: Estate argued that personal financial slide calculator and inflation rate on "Post-it" note, found in deliberation room following trial, was extraneous prejudicial information pursuant to Neb. Rev. Stat. § 27-606(2). However, record did not contain clear and convincing evidence of prejudicial jury misconduct, so denial of new trial was affirmed.

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State v. Harris, No. S-06-062., SUPREME COURT OF NEBRASKA, July 27, 2007, Filed
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Overview: State's late disclosure of an officer's interview with an inmate was not a violation of Neb. Rev. Stat. § 29-1912 warranting postconviction relief as the report was already known to the defense, the cross-examination of the officer mitigated any prejudice, and there was other evidence showing that the petitioner admitted to the murder.

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State v. Craig, No. A-06-504., NEBRASKA COURT OF APPEALS, July 31, 2007, Filed
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Overview: Period of time between May 24 and June 30, 2005, had to be excluded under good cause provision of Neb. Rev. Stat. § 29-1207(4)(f). Period of 40 days had to be excluded under § 29-1207(4)(b) as a continuance granted at request of defendant's counsel was not error. Defendant did not suffer denial of right to speedy trial, Neb. Rev. Stat. § 25-2221.

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State v. Neb. HHS (In re Emily C.), No. A-06-1408., NEBRASKA COURT OF APPEALS, July 31, 2007, Filed
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Overview: The juvenile court did not err in continuing its jurisdiction over a minor under Neb. Rev. Stat. § 43-247(3)(b). The fact that the minor had not been truant at a youth rehabilitation and treatment center was not enough to terminate the juvenile court's jurisdiction because the situation at the center made it nearly impossible for her to be truant.

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Sunrise Country, Inc. v. Kleveland (In re Grabher), No. A-06-431., NEBRASKA COURT OF APPEALS, July 31, 2007, Filed
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Overview: The denial of the corporation's petitions to remove the guardian as guardian for the resident and to surcharge the guardian were proper because any damages sustained by the resident were not proximately caused by any actions or inactions of the guardian. The resident had died and thus, the issue of the guardian's removal was moot.

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