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| State v. Blair, No. A-03-1137.,
NEBRASKA COURT OF APPEALS, September 19, 2006, Filed
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Overview: Trial court had jurisdiction to rule on defendant's motion to alter or amend earlier judgment granting postconviction relief on grounds of ineffective assistance of counsel because defendant filed motion to alter or amend prior to 10-day expiration date following the entry of judgment and after State filed appeal.
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| State v. Brown, No. A-05-1417.,
NEBRASKA COURT OF APPEALS, September 19, 2006, Filed
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Overview: Sentence of 30 to 40 years' imprisonment for second degree murder conviction for killing of 4-month-old child, to run concurrently with federal sentences totaling 20 years, was, pursuant to Neb. Rev. Stat. § 29-2322, found excessively lenient; defendant was menace and grave danger to society and his sentence was modified to be served consecutively.
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| State v. Lloyd T. (In re Maxwell T.), No. A-05-1477.,
NEBRASKA COURT OF APPEALS, September 19, 2006, Filed
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Overview: Juvenile court properly exercised temporary emergency jurisdiction, codified in § 43-1241of Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Neb. Rev. Stat. §§ 43-1226 through 43-1266, as child had no one to care for him, emergency situation was ongoing, and as long as emergency existed, the court retained emergency jurisdiction.
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| Underwood v. Underwood, No. A-05-035.,
NEBRASKA COURT OF APPEALS, September 19, 2006, Filed
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Overview: Court had authority under Neb. Rev. Stat. § 25-2001(2) to vacate its previous order and modify a divorce decree sustaining wife's petition and requiring the husband to execute a quitclaim deed to their residence because it was clearly the court's intent that she became the sole owner of residence upon payment of the $ 40,000 pursuant to the decree.
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| State v. Edwin M. (In re Fedalina G.), No. S-06-235.,
SUPREME COURT OF NEBRASKA, September 22, 2006, Filed
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Overview: Appellate court improperly dismissed father's appeal pursuant to null poverty affidavit on basis that affidavit was notarized in Utah because notary public in Utah was authorized to administer oaths in Utah, and affidavit was duly authenticated in Utah by person authorized to administer oaths.
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| Heine v. Heine, No. A-05-003.,
NEBRASKA COURT OF APPEALS, September 26, 2006, Filed
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Overview: In action against trustee for breach of trust, judgment for unpaid rents was modified to provide only for postjudgment interest, to substitute equitable relief requiring removal of the improperly granted easement for the award of monetary damages, and to vacate the award of attorney fees.
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| Robbins v. Neth, No. A-04-835.,
NEBRASKA COURT OF APPEALS, September 26, 2006, Filed
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Overview: Although a motorist argued that his driver's license revocation hearing was not held in the county in which his arrest occurred, the legislature's amendment of former Neb. Rev. Stat. § 60-6,205(6)(a) removed the requirement that the hearing take place in the county of arrest.
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