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| Conn v. Conn, No. A-05-1337.,
NEBRASKA COURT OF APPEALS, October 3, 2006, Filed
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Overview: District court had not erred in finding wife was a fit and proper parent and in denying incarcerated husband visitation because their child was also a victim of his crime, conspiracy to murder his wife, he evidenced little regard for his child and the impact his plan would have had on child, and the attempted murder had placed the child in danger.
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| State v. Rose, No. A-05-707.,
NEBRASKA COURT OF APPEALS, October 3, 2006, Filed
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Overview: Where defendant, who had been found to be a habitual criminal, did not object to the receipt of an exhibit that contained certified copies of his records from the Nebraska Department of Correctional Services, his photographs, and his fingerprints on the basis that it contained hearsay, he failed to preserve the issue for appellate review.
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| Stephens v. Pillen, No. A-05-121.,
NEBRASKA COURT OF APPEALS, October 3, 2006, Filed
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Overview: There was no precise formula to use when awarding damages for the value of neighboring landowners' losses associated with the inconvenience and annoyance of living with the odor from neighboring hog facilities, and the damages awarded by district court, ranging from $ 10,000 to $ 1,500, were within the range of the evidence and were not arbitrary.
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| Marksmeier v. McGregor Corp., No. S-05-423.,
SUPREME COURT OF NEBRASKA, October 6, 2006, Filed
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Overview: In a products liability matter, T-shirt that caught on fire, injuring its wearer, was manufactured in Tennessee; therefore, applicable statute of repose was Tenn. Code. Ann. § 29-28-103(a). Claim was barred by statute of repose because corporation affirmatively showed that it stopped making shirt 16 years before complaint was filed.
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| State v. Deckard, No. S-05-871.,
SUPREME COURT OF NEBRASKA, October 6, 2006, Filed
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Overview: Denial of an inmate's motion for postconviction relief was affirmed as the inmate's due process rights were not violated due to the inadvertent destruction of the transcript from the motions to suppress, and the inmate did not establish that he would have pleaded guilty and gone to trial, but for his counsel's allegedly ineffective assistance.
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| State v. Humbert, No. S-05-1221.,
SUPREME COURT OF NEBRASKA, October 6, 2006, Filed
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Overview: Appellate court affirmed the trial court's denial of defendant's plea in bar as neither U.S. Const. amend. V nor Neb. Const. art. I, § 12 prohibited the State from prosecuting a defendant for multiple offenses in a single prosecution.
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| State v. White, No. S-05-1028.,
SUPREME COURT OF NEBRASKA, October 6, 2006, Filed
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Overview: Evidence was sufficient to find that grain was being held by defendant's warehouse for farmers under the open storage arrangement as opposed to "price later" contracts as asserted by defendant. Therefore, the grain was property of another under Neb. Rev. Stat. § 28-511(1).
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| State ex rel. Wagner v. Kay, No. A-05-130.,
NEBRASKA COURT OF APPEALS, October 10, 2006, Filed
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Overview: Liquidator of an insolvent insurer was not automatically bound by preappointment contractual obligations of the insurer. Under Neb. Rev. Stat. § 44-4821(1)(m), the liquidator had the power to affirm or disavow any contracts to which the insurer was a party.
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| State v. Stankoski, No. A-05-1052.,
NEBRASKA COURT OF APPEALS, October 10, 2006, Filed
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Overview: State adduced sufficient evidence to support defendant's conviction for possession of a forged instrument. Testimony of police officer and informant established that defendant possessed an instrument which purported to be a $ 20 bill that defendant knew had been falsely made because testimony indicated that defendant had made bill on a computer.
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