Nebraska Supreme Court

The Nebraska Supreme Court affirmed the Court of Appeals’ decision excluding Alexander’s proposed crime scene expert and ordering a new trial only on the deadly-weapon offense tied to manslaughter.

The Nebraska Supreme Court affirmed the district court’s dismissal of John Kuehn’s complaint, holding that he lacked both taxpayer standing and standing based on a matter of great public concern to challenge the constitutionality of the medical cannabis Acts.

The Nebraska Supreme Court affirmed the district court’s summary‑judgment ruling, holding that William Forbes had standing to sue and that Nebraska statutes do not compel the Democratic Party to place a replacement candidate on the ballot after a withdrawal.

The Nebraska Supreme Court granted a peremptory writ of mandamus compelling the Lincoln City Council and City Clerk to submit three charter amendment petitions to the November 3, 2026 statewide general election, holding that the phrase “next general . . . election” in Neb. Const. art.

The Nebraska Supreme Court held that the specific statute governing new political parties, Neb. Rev. Stat. § 32-621, controls over the general eligibility provision § 32-616(1), so the Secretary properly denied the objection to Robin Richards' candidacy for U.S. Senate.

The Nebraska Supreme Court affirmed the district court's order, holding that the district court did not err in refusing to extend Barkley v. Pool to notaries, in declining to draw adverse inferences from Fifth Amendment assertions, and in finding the initiative petitions legally sufficient.

The Nebraska Supreme Court affirmed the Court of Appeals’ judgment denying the Kortmeyers’ adverse-possession claim to a strip of land on the Hendrixes’ lot. The Kortmeyers’ routine yard maintenance was not sufficiently notorious before their improvements began in 2003, and their use became permissive when they began…

The court affirmed both district court orders, holding that objections to a new political party’s name must be filed within seven days after the deadline for submitting the party-formation petitions.

The Nebraska Supreme Court affirmed Christopher Ansell’s convictions and sentences for first and third degree sexual assault of a child. It held that the first degree sexual assault statute creates one offense that may be committed through either of two age-based alternatives, so the trial court properly permitted the…

The court affirmed Nickels' convictions for first degree murder and use of a deadly weapon to commit a felony. It held that the evidence did not require removal of the duty-to-retreat language from the self-defense instruction, and that the unpreserved instructional arguments did not constitute plain error.

The Nebraska Supreme Court affirmed summary judgment for the defendant ophthalmologist on a medical malpractice claim premised entirely on lack of informed consent arising from cataract surgeries performed after the patient had undergone radial keratotomy.

The Nebraska Supreme Court affirmed the termination of Kristopher Marcoe's parental rights to his two minor children. It held that the district court did not err in hearing the termination case without an express finding under Neb. Rev. Stat.

The Nebraska Supreme Court affirmed a judgment denying Jane and Steven Morris reimbursement of the attorney fees they incurred successfully defending their title against a third party's unsuccessful adverse-possession quiet-title action.

The Nebraska Supreme Court affirmed the district court's denial of Walker's motion for discharge, holding that Walker was not entitled to absolute discharge because the speedy‑trial clock was not violated.

The Nebraska Supreme Court affirmed the district court's judgment, modifying it to add $11,000 in attorney fees and expenses, and held that the arbitrator's award precludes further damages claims for the wrongful injunction except for attorney fees, while confirming the court's jurisdiction over the injunction…

On the second appeal in this dissolution action, the Nebraska Supreme Court held that the district court did not abuse its discretion in denying an evidentiary hearing on remand, because the prior mandate did not require one and the record already contained every variable needed to apply the source of funds rule.

The Nebraska Supreme Court affirmed the dismissal of Michael E. McLemore's pro se fourth successive motion for postconviction relief, which attacked the one-year time limit in Neb. Rev. Stat. § 29-3001(4) as unconstitutional as applied because his 1999 case predated the 2011 enactment.

The Nebraska Supreme Court affirmed Evans’ convictions for first degree murder and use of a deadly weapon to commit a felony. It held that the improperly played statement accusing Evans of being untruthful did not require a mistrial because repeated limiting instructions cured any prejudice; the evidence was…

The Nebraska Supreme Court affirmed the district court’s order that Leanne Wahl reimburse Charles Wahl for the cost of her survivor benefit plan (SBP) coverage, but modified the decree by striking the provision allowing Charles to replace Leanne as the SBP beneficiary if he remarries.

The Nebraska Supreme Court affirmed summary judgment for the City, holding that the portion of Dock Road leading from the public boat ramp to the private club’s property was not shown to be a public street.

The court held that the Airport Authority's charge on off-airport parking companies was an optional user fee, not an unconstitutional tax, because it was imposed only on companies using and benefiting from airport facilities and was reasonably related to airport-generated business.

The Nebraska Supreme Court affirmed the denial, without an evidentiary hearing, of Burries' third amended postconviction motion. It held that the pathology-expert claim was procedurally barred because the alleged deficiency was apparent from the trial record and was not raised on direct appeal, while the claim…

The court held that the garnishment court had jurisdiction to determine the insurer's liability under the existing policy but lacked jurisdiction to adjudicate the injured judgment creditor's equitable request to reform that policy.

The court held that Pinpoint properly challenged the county board’s permit denial through a petition in error because the governing telecommunications statute required the board to exercise judicial functions.

The Nebraska Supreme Court affirmed the district court’s judgment upholding the Board of Engineers and Architects’ revocation of Gay’s architecture and engineering licenses and five-year bar on reapplication.

The Nebraska Supreme Court affirmed the denial, without an evidentiary hearing, of Kevin German’s motion for postconviction relief. The court held that his claims concerning the jury instructions were procedurally barred because they had been decided or necessarily resolved on direct appeal, while his remaining…

The Nebraska Supreme Court accepted Dustin Garrison’s voluntary surrender of his law license, finding that he knowingly waived his right to contest the grievances against him, and entered a judgment of disbarment. The court relied on Neb. Ct. R.

The Nebraska Supreme Court affirmed the Court of Appeals' dismissal of Hope Npimnee's appeals and, invoking its inherent authority, struck Npimnee's petitions for further review as a sanction for direct contempt.

The Nebraska Supreme Court affirmed dismissal of the plaintiffs' amended complaint challenging a community college's COVID-19 vaccination policy. Because the plaintiffs asserted only a generalized assignment of error, the court declined ordinary merits review and reviewed for plain error, finding none.

The Nebraska Supreme Court dismissed both the appeal and cross-appeal as moot because the Secretary had already released the voter registration list to the federal government. The court held that it could decide mootness without first resolving standing and that the requested declaratory relief would either be…

The court affirmed dismissal of Mata’s successive postconviction motion. It held that exclusion of proposed exhibits was harmless because the evidence was cumulative, that Mata failed to prove an actual conflict of interest involving his initial postconviction counsel, and that his remaining claims were procedurally…

The Nebraska Supreme Court affirmed the district court's judgment upholding the merit commission's decision to terminate a deputy sheriff sergeant who knowingly failed to execute three outstanding time pay warrants.

The court affirmed summary judgment for Hiro 88 on Longwells’ tortious interference with contract and business expectancy claims. The contract claim failed because Longwells presented no evidence that Hiro 88 induced or otherwise caused the landlord to breach the exclusivity provision, and the expectancy claim failed…

The Nebraska Supreme Court accepted the respondent's voluntary surrender of his law license, found that he knowingly did not contest the allegations and waived further proceedings, and entered a judgment of disbarment.

The Nebraska Supreme Court affirmed the Court of Appeals’ decision upholding Mielak’s first degree sexual assault conviction. It held that conduct expressing lack of consent may include actions and omissions occurring before the sexual act, and that a victim’s awareness of penetration and later ability to describe it…

The court affirmed the denial of Kellogg’s motion for postconviction relief without an evidentiary hearing. It held that Kellogg’s allegations of possible mental illness and family mental-health history did not show a reasonable probability that he was incompetent when he pleaded guilty or that a competency hearing…

The Nebraska Supreme Court affirmed the termination of Christopher J.'s parental rights to his three children. It held that the State proved a statutory ground for termination and that termination was in the children's best interests because Christopher remained unable or unwilling to address the circumstances…

The court affirmed Reeves’ convictions for two counts of first degree sexual assault. It held that the district court did not abuse its discretion by refusing to dismiss the charges based on the county attorney’s alleged conflict, because a special prosecutor assumed responsibility before trial and the record did not…

The Nebraska Supreme Court granted the relator’s motion for reciprocal discipline, imposing a term of probation rather than the suspension ordered by the Missouri Supreme Court, based on the conclusive effect of the Missouri finding and mitigating factors such as the respondent’s inactive status.

The Nebraska Supreme Court affirmed orders terminating the juvenile court's jurisdiction and the juvenile's probation and declining to seal his records. It held that the statutory procedures for revoking probation or changing a disposition were not triggered because no qualifying motion or disposition change occurred…