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| Pogge v. Am. Family Mut. Ins. Co., No. S-05-714.,
SUPREME COURT OF NEBRASKA, November 9, 2006, Filed
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Overview: Under Neb. Rev. Stat. § 27-408, court erred in finding insureds' settlement with driver established his negligence, and as settlement was for less than driver's policy limit, that precluded coverage under insureds' underinsured motorist policy; there was no evidence of other driver's negligence, and insureds did not have to exhaust his coverage.
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| Rozsnyai v. Svacek, No. S-05-876.,
SUPREME COURT OF NEBRASKA, November 9, 2006, Filed
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Overview: Wife was required under Neb. Rev. Stat. § 42-349 to have had actual residence in Nebraska with a bona fide intention of making the state her permanent home for at least one year prior to filing for divorce. Because the record did not establish wife's intention in this regard, district court did not have jurisdiction over the matter.
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| State v. Marrs, No. S-06-067.,
SUPREME COURT OF NEBRASKA, November 9, 2006, Filed
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Overview: Although Neb. Rev. Stat. § 29-2204 permitted the sentencing judge imposing a maximum term of life imprisonment for a Class IB felony to impose a minimum term of years not less than the statutory mandatory minimum, it did not require the judge to do so. Accordingly, murder defendant's argument that his life sentence was impermissible was rejected.
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| State v. Tompkins, No. S-05-212.,
SUPREME COURT OF NEBRASKA, November 9, 2006, Filed
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Overview: Because the State waived the Leon good faith exception to an invalid search warrant by failing to raise it, the Nebraska Court of Appeals erred in raising the issue on its own motion; defendant received no notice that he would have to confront the exception, which deprived him of the opportunity to argue why the good faith exception did not apply.
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| Poppe v. City of Lincoln, No. A-05-289.,
NEBRASKA COURT OF APPEALS, November 14, 2006, Filed
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Overview: Where a personal representative failed to plead the existence of facts sufficient to establish that a city owed a special duty to protect decedent from the harm caused by a third party, the trial court did not err in sustaining the city's motion to dismiss the action under Neb. Ct. R. Pleading Civ. Actions 12(b)(6) for failure to state a claim.
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| State v. Christopher C. (In re Deztiny C.), No. A-06-242.,
NEBRASKA COURT OF APPEALS, November 14, 2006, Filed
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Overview: Juvenile court did not err in failing to terminate father's parental rights under Neb. Rev. Stat. § 43-292(1) and (2), as State failed to prove father abandoned or neglected his child and court did not err in finding termination of parental rights was not in child's best interests or that State failed to prove reasonable efforts were not necessary.
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| State v. Dana S. (In re Courtney S.), No. A-06-546.,
NEBRASKA COURT OF APPEALS, November 14, 2006, Filed
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Overview: Where the juvenile court rejected a case plan for the reunification of the mother and her minor children and entered an order for adoption, the mother was required to seek review by a juvenile review panel, pursuant to Neb. Rev. Stat. § 43-287.03. The Nebraska Court of Appeals did not have jurisdiction over the mother's appeal.
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| State v. Maureen W. (In re Interest of Amanda W.), No. A-06-616.,
NEBRASKA COURT OF APPEALS, November 14, 2006, Filed
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Overview: Court properly terminated a mother's parental rights as being in the child's best interest, Neb. Rev. Stat. § 43-292, because the mother admitted to using marijuana, she had never had a negative urinalysis test, and visitations with the child had had to be discontinued because of suspicions regarding the mother's drinking and her behavior.
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| State v. Stevens, No. A-05-1253.,
NEBRASKA COURT OF APPEALS, November 14, 2006, Filed
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Overview: Trial court did not abuse its discretion by admitting evidence under Neb. Rev. Stat. § 27-404(2) that various witnesses observed bruises or other injuries on the victim after she and her mother began living with defendant and before her death because the evidence was relevant to the issue of intent and absence of mistake or accident.
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| State v. Stoltz, No. A-06-229.,
NEBRASKA COURT OF APPEALS, November 14, 2006, Filed
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Overview: Defendant did not receive ineffective assistance of counsel, as he failed to show reasonable probability that he would have insisted on going to trial. Trial court did not err in finding defendant knowingly, voluntarily, intelligently, and freely entered plea of no contest. Imposition of sentence was within guidelines, Neb. Rev. Stat. § 28-105.
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