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   State Courts - Nebraska - November 21 - December 1, 2006

  
State v. Kehm, No. A-06-123., NEBRASKA COURT OF APPEALS, November 21, 2006, Filed
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Overview: Officer had reasonable suspicion to detain defendant under the Fourth Amendment after he issued her a citation for driving with an expired license because, inter alia, defendant's vehicle was parked in an unusual location at a place where significant drug activity had previously taken place and there was a chemical odor emanating from defendant.

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State v. Wilson, No. A-06-154., NEBRASKA COURT OF APPEALS, November 21, 2006, Filed
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Overview: Defendant's appeal, based on the alleged denial of only his constitutional right to a speedy trial, U.S. Const. amend. VI, was not taken from either a final judgment or a final, appealable order; therefore, the appellate court was without jurisdiction to act and had to dismiss the appeal.

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State v. King, No. S-05-1212., SUPREME COURT OF NEBRASKA, December 1, 2006, Filed
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Overview: Defendant's sentences as a habitual criminal under Neb. Rev. Stat. § 29-2221 were vacated because State failed to meet its burden to establish as to one prior conviction that defendant had been represented by counsel during the trial and conviction based on an attorney's ambiguous statement that he "took the trial."

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State v. Robinson, No. S-05-107., SUPREME COURT OF NEBRASKA, December 1, 2006, Filed 7
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Overview: Trial court did not err by finding that cellular telephone records fell within the business records exception to the hearsay rule, Neb. Rev. Stat. § 27-803(5) because the records were made at the time of the calls they reflected and were stored in the regular course of business by the communications companies' computers.

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Watson v. Watson, No. S-05-1423., SUPREME COURT OF NEBRASKA, December 1, 2006, Filed
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Overview: In a child custody and visitation dispute subsequent to a mother's move to another state, Nebraska district court erred in denying father's motion for contempt because district court should have stayed proceedings under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Neb. Rev. Stat. §§ 43-1226 to 43-1266.

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