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| Godsey v. Casey's Gen. Stores, Inc., No. A-06-1223.,
NEBRASKA COURT OF APPEALS, August 7, 2007, Filed
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Overview: Pursuant to Neb. Rev. Stat. § 48-185, the Nebraska Workers' Compensation Court did not err in awarding the employee temporary total disability given the evidence, and did not err in awarding future medical benefits in the form of breast reduction surgery. Under Neb. Rev. Stat. § 48-125(1), the employee was awarded attorney fees on appeal.
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| Neyens v. Neyens, No. A-06-1010.,
NEBRASKA COURT OF APPEALS, August 7, 2007, Filed
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Overview: The district court did not abuse its discretion in finding that a father failed to prove a material and substantial change in circumstances requiring a change of custody; the father failed to prove that the mother was an unfit parent and that modification of custody was in the children's best interests.
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| Plater v. Douglas County Treasurer's Office, No. A-05-1249.,
NEBRASKA COURT OF APPEALS, August 7, 2007, Filed
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Overview: Employee never raised due process challenge to charges one or two, and evidence presented to Douglas County Civil Service Commission supported both that the employee was insubordinate as alleged and that such insubordination was properly punishable by termination of her employment. Employee failed to preserve assertion concerning alleged witness.
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| State v. Dargeloh, No. A-06-1036.,
NEBRASKA COURT OF APPEALS, August 7, 2007, Filed
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Overview: Convictions were affirmed because the record failed to demonstrate that defendant preserved his motion to suppress and failed to include the relevant city ordinance concerning the authority of law enforcement to initiate a traffic stop outside the city limits, which was the crux of defendant's entire appeal.
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| State v. Davis, No. A-07-104.,
NEBRASKA COURT OF APPEALS, August 7, 2007, Filed
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Overview: In a controlled substance case, the trial court erred in granting defendant's motion to suppress as the arresting trooper had a reasonable, articulable suspicion sufficient to support the traffic stop based on the trooper's observation that a vehicle being driven on the interstate was crossing from its own lane of traffic onto the shoulder.
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| State v. Malcom, No. A-06-524.,
NEBRASKA COURT OF APPEALS, August 7, 2007, Filed
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Overview: The denial of an inmate's motion for postconviction relief was proper because he failed to prove that a reasonable probability existed that he would have accepted a plea offer but for his trial counsel's deficient performance. He presented no evidence, other than his own self-serving testimony, that he would have accepted the plea bargain.
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| State v. Teresa T. (In re Connor S), No. A-06-1371.,
NEBRASKA COURT OF APPEALS, August 7, 2007, Filed
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Overview: State proved by clear and convincing evidence that termination of mother's parental rights was proper based on Neb. Rev. Stat. § 43-292(2) and (4) because of habitual use of alcohol and its substantial and continuous or repeated impairment of her ability to parent children. Termination of mother's parental rights was in children's best interests.
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| Hyannis Educ. Ass'n v. Grant County Sch. Dist. No. 38-0011, No. S-06-300.,
SUPREME COURT OF NEBRASKA, August 10, 2007, Filed
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Overview: The Commission of Industrial Relations (CIR) applied the wrong definition of prevalence and erred in concluding that deviation was not prevalent; where at least four of seven schools in a district negotiated agreements containing deviation clauses, such a practice was prevalent, and the clause should have been included in the parties' contract.
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