MEMORANDUM OPINION AND JUDGMENT ON APPEAL IRWIN, Judge. I. INTRODUCTION Nelson L. Evans appeals from orders of the district court for Douglas County, Nebraska, granting summary judgment in favor of Millard Drywall Services, Inc. (Millard Drywall), and Robert Lally. The underlying action brought by Evans sought damages for an alleged assault committed by Lally while Evans was performing work for Millard Drywall in December 2005. We find that Evans' failure to designate any expert witnesses...
MEMORANDUM OPINION AND JUDGMENT ON APPEAL IRWIN, Judge. I. INTRODUCTION Seth J. Strasburg appeals an order of the district court for Custer County, Nebraska, denying Strasburg's motion for postconviction relief after conducting an evidentiary hearing. On appeal, Strasburg puts forth several assertions of ineffective assistance of counsel to support his claim to postconviction relief. We find no merit to any of these assertions, and we affirm. Pursuant to this court's authority under Neb. Ct....
MEMORANDUM OPINION AND JUDGMENT ON APPEAL CASSEL, Judge. INTRODUCTION All but one of the parties against which default judgments were entered appeal from the district court's order refusing to vacate the judgments. Because the appellants timely filed a motion to set aside the default judgments and tendered an answer disclosing a meritorious defense, the district court should have sustained the motion on reasonable terms and permitted the cause to be heard on the merits. To this extent, we...
CASSEL, Judge. INTRODUCTION The district court held that the appellant's action for underinsured motorist benefits under the insurance policy covering her vehicle was barred by the statute of limitations. The instant appeal turns upon whether the appellant made a "proper" presentation of her claim in the other driver's estate. Because we conclude that the claim filed with the probate court was the equivalent, for purposes of the statute of limitations, of commencement of a proceeding on the...
MEMORANDUM OPINION AND JUDGMENT ON APPEAL IRWIN, Judge. I. INTRODUCTION Jamaal R. Abram appeals his convictions and sentences on three charges: attempted first degree murder, use of a weapon in the commission of a felony, and conspiracy to commit first degree murder. On appeal, Abram asserts that there was insufficient evidence to support the attempted first degree murder and conspiracy convictions and asserts that the court imposed excessive sentences on the three convictions. We find that...
MEMORANDUM OPINION AND JUDGMENT ON APPEAL IRWIN, Judge. I. INTRODUCTION Marshall Eggert appeals his conviction of first-offense driving under the influence (DUI). On appeal, Eggert asserts that the county court erred in overruling a motion to suppress and that the district court erred in affirming that decision. We find no merit to the appeal. Pursuant to this court's authority under Neb. Ct. R. App. P. 2-111(B)(1) (rev. 2008), this case was ordered submitted without oral argument. II....
MEMORANDUM OPINION AND JUDGMENT ON APPEAL CARLSON, Judge. INTRODUCTION Jay H. Wedgewood appeals from an order of the district court for Washington County, in which order the court granted summary judgment in favor of U.S. Filter/Whittier, Inc. (U.S. Filter). Based on the reasons that follow, we affirm. BACKGROUND Wedgewood was injured on January 14, 2001, when hot lactic acid escaped from a "fines filter" manufactured by U.S. Filter. At the time of the incident, Wedgewood was an employee...
MEMORANDUM OPINION AND JUDGMENT ON APPEAL MOORE, Judge. INTRODUCTION Phillip J. White appeals his conviction for driving under revocation or impoundment, second offense. For the following reasons, we affirm. STATEMENT OF FACTS On December 1, 2008, White was charged in Hamilton County Court with operating a motor vehicle during a period of suspension, second or subsequent offense, a Class II misdemeanor. Neb. Rev. Stat. 60-4,108(1) (Reissue 2004). White then filed a motion to suppress all...
MEMORANDUM OPINION AND JUDGMENT ON APPEAL MOORE, Judge. INTRODUCTION Dennis L. Beins appeals from his conviction in the district court for Hall County for 11 counts of visual depiction of sexually explicit conduct, all felonies, and 5 counts of unlawful intrusion, all misdemeanors. On appeal, Beins challenges the sufficiency of the evidence as to the 11 felony counts and asserts that his sentences as to those counts were excessive. Because we find the evidence sufficient to convict Beins of...
SIEVERS, Judge. A Nebraska state trooper stopped Brad Carnicle's vehicle on U.S. Highway 34 because Carnicle failed to dim his "auxiliary driving lights," and the stop led to his arrest for driving while under the influence (DUI) and ultimately his conviction of that crime. The undisputed evidence is that Carnicle's vehicle was equipped with factory-installed fog lamps, which Carnicle argues are not within the purview of Neb. Rev.Stat. 60-6,225 (Reissue 2004), defining auxiliary driving...
MEMORANDUM OPINION AND JUDGMENT ON APPEAL INBODY, Chief Judge. INTRODUCTION Jacqueline Larsen, special administrator of the estate of and wife of Edward Lee Larsen (Edward), appeals the order of the district court for Douglas County granting Union Pacific Railroad Company's (UP) motion in limine and motion for summary judgment. STATEMENT OF FACTS Edward was employed by UP as a railroad conductor on a route from Council Bluffs to Sioux City, Iowa. On October 25, 2003, Edward went on duty at...
IRWIN, Judge. I. INTRODUCTION Russell Summerville appeals his convictions and sentences on counts of first degree sexual assault of a child, second offense, and third degree sexual assault of a child. On appeal, Summerville challenges the district court's admission of evidence, the court's denial of two motions for new trial, and the sentences imposed by the court. We find no merit to these assertions, and we affirm. We also modify a clerical error in the district court's sentencing order....
MEMORANDUM OPINION AND JUDGMENT ON APPEAL SIEVERS, Judge. JONWL, L.L.C., appeals from the decision of the district court for Merrick County (1) finding that Kathleen K. Starostka (Starostka) and her predecessors acquired title to land north of the thread of the stream of the Platte River up to the geographic centerline of the Platte River by adverse possession and (2) fixing the geographic centerline of the Platte River as the south boundary of JONWL's land and the north boundary of Starostka'...
NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. 2-102(E). MEMORANDUM OPINION AND JUDGMENT ON APPEAL CASSEL, Judge. INTRODUCTION Matthew S. Goodlander's privately retained counsel was suspended from the practice of law on the Friday before his Tuesday jury trial. Goodlander appeared for trial with another attorney from his counsel's law firm, who moved for a continuance so that Goodlander could find different...
NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. 2-102(E). MEMORANDUM OPINION AND JUDGMENT ON APPEAL MOORE, Judge. INTRODUCTION Donald J. Marsh appeals from an order of the district court for Sarpy County, asserting error in the denial of his motion for discharge on the basis of his statutory right to a speedy trial under Neb. Rev. Stat. 29-1208 (Reissue 2008). We find that the district court correctly...
IRWIN, Judge. I. INTRODUCTION Sonny D. Balvin was convicted by a jury of first degree sexual assault. The district court subsequently sentenced Balvin to 24 to 36 years' imprisonment. Balvin appeals from his conviction and sentence here. On appeal, Balvin assigns numerous errors, including that there was insufficient evidence to support his conviction, that the district court erred in making certain evidentiary rulings, and that the district court erred in finding that he was subject to...
INBODY, Chief Judge. INTRODUCTION This case involves the termination of the parental rights of the parents of an Indian child, Jamyia M., following the child's removal from the home at 2 months of age after what doctors described as a nonaccidental injury resulting in serious physical and developmental delays to the child. Shinai S., the natural mother, has appealed and Jamison M., the natural father, has cross-appealed the termination of their parental rights. Because we find that there is...
MEMORANDUM OPINION AND JUDGMENT ON APPEAL CASSEL, Judge. INTRODUCTION Davenport Limited Partnership (Davenport) filed an action against 75th & Dodge II, L.P. (Dodge II), for forcible entry and detainer and for rent. The district court entered an order for restitution and later entered summary judgment in Davenport's favor on the issue of damages. Because Dodge II failed to rebut Davenport's prima facie case showing its entitlement to rent and expenses, we affirm. BACKGROUND In a previous...
IRWIN, Judge. I. INTRODUCTION Lance P. Fick appeals an order of the district court for Wayne County, Nebraska, sentencing Fick to a term of 4 to 6 years' incarceration on a conviction for first degree sexual assault. On appeal, Fick challenges the court's admission into evidence of an audio recording, the court's failure to give a limiting instruction to the jury concerning the audio recording, and the court's failure to grant a directed verdict in his favor. We find no merit to the...
SIEVERS, Judge. INTRODUCTION This case involves the interplay between a probationary sentence, a subsequent revocation of probation, the imposition of a new sentence, and the Double Jeopardy Clauses of the U.S. and Nebraska Constitutions. Jay J. Schuetz contends that the new sentence imposed after his probation was revoked is a double jeopardy violation, but we disagree and therefore affirm his sentence. FACTUAL AND PROCEDURAL BACKGROUND On August 25, 2008, Schuetz entered a plea of guilty...
