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   State Courts - Nebraska - December 26, 2006

  
Herres v. Ridgeway, No. A-05-198., NEBRASKA COURT OF APPEALS, December 26, 2006, Filed
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Overview: A finding against an appealing driver in an action stemming from the collision of two vehicles was appropriate because reasonable minds could have differed regarding each party's negligence and because there was no prejudice involved in the district court's failure to give the appealing driver's proposed jury instructions.

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Robertson v. Burnette, No. A-05-1448., NEBRASKA COURT OF APPEALS, December 26, 2006, Filed
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Overview: A genuine issue of material fact existed as to the establishment of a child's paternity where appellant's affidavit showed that until April 2002, the mother had informed appellant that her child was fathered by another man. Tolling of the four-year statute of limitations found at Neb. Rev. Stat. § 43-1411 was necessary.

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State v. Monroy, No. A-06-263., NEBRASKA COURT OF APPEALS, December 26, 2006, Filed
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Overview: Defendant's conviction for first-degree sexual assault on a child in violation of Neb. Rev. Stat. § 28-319 was proper because the victim testified that she engaged in sexual relations with defendant at the end of her eighth grade year and defendant had admitted to an officer that he had engaged in sexual relations with the victim.

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State v. Myers, No. A-06-114., NEBRASKA COURT OF APPEALS, December 26, 2006, Filed
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Overview: In defendant's trial for, inter alia, first degree sexual assault and sexual assault of a child for his sexual conduct with two minor boys, a prior victim's testimony was admissible under Neb. Rev. Stat. § 27-404(2) (Reissue 1995) to show that defendant's contact with the boys was intentional and for sexual arousal or gratification.

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