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| State v. Agee, No. A-05-1153.,
NEBRASKA COURT OF APPEALS, August 1, 2006, Filed
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Overview: Evidence was sufficient to sustain a conviction for unlawful possession with intent to deliver marijuana, Neb. Rev. Stat. § 28-416, because officers observed defendant exiting a bedroom, and items found there, besides the bag of marijuana, included a pill bottle and a bill in defendant's name, both showing the address of the residence.
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| State v. Michael U. (In re Michael U.), No. A-05-1525.,
NEBRASKA COURT OF APPEALS, August 1, 2006, Filed
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Overview: Evidence was sufficient to sustain a patient's commitment, Neb. Rev. Stat. § 71-908, because he had a prior diagnosis of pedophilia, and considering that he did not complete a treatment program while incarcerated, it could not be said that the acts committed 10 years ago were too remote to be probative of his present state of dangerousness.
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| State v. White, No. A-05-1004.,
NEBRASKA COURT OF APPEALS, August 1, 2006, Filed
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Overview: District court did not err in denying defendant's motion to suppress where citizen informant was presumptively reliable; he had provided name and met with police officers, and his name was listed in search warrant affidavit. Information in affidavit indicated fair probability that contraband or crime evidence would be found in search of trailer.
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| State v. Davlin, No. S-05-547.,
SUPREME COURT OF NEBRASKA, August 4, 2006, Filed
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Overview: Trial court did not err by failing to quash the amended information or by failing to instruct the jury that in order to find defendant guilty of second-degree murder it needed to find that defendant had the specific intent to kill the victim because the information and the instruction used the statutory language of Neb. Rev. Stat. § 28-304.
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| Wilson v. Neb. HHS, No. S-04-1085.,
SUPREME COURT OF NEBRASKA, August 4, 2006, Filed
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Overview: Nebraska Department of Health and Human Services and director erred in finding applicant ineligible for Medicaid benefits because 36-month look back provision applied, pursuant to 42 U.S.C.S. § 1396p(d)(3)(B)(i); trust agreement provided applicant only had access certain assets in two trusts. Sixty-month look back provision was inapplicable.
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| Putzier v. Aurstaff, No. A-05-1197.,
NEBRASKA COURT OF APPEALS, August 8, 2006, Filed
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Overview: Trial court in workers' compensation case properly considered the employee's loss of earning capacity and found that the employee could be classified as an odd-lot worker in that the employee was not employable in any well-known branch of the labor market without the sympathy of a particular employer.
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| Schlondorf v. Breunig, No. A-04-1349.,
NEBRASKA COURT OF APPEALS, August 8, 2006, Filed
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Overview: In an action under Neb. Rev. Stat. § 34-301, district court did not err in establishing the thread of a river's south channel around an island was boundary between northwest side owners and southeast side owners; inter alia, although north channel carried more water than south channel when both contained water, south channel contained water longer.
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| State v. Graves, No. A-05-722.,
NEBRASKA COURT OF APPEALS, August 8, 2006, Filed
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Overview: There was sufficient evidence to find defendant guilty beyond a reasonable of the charges of robbery and use of a deadly weapon to commit a felony. The evidence revealed that defendant forcibly, or by putting in fear, took money from the victim with the intent to steal and that defendant used a deadly weapon during the commission of that felony.
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