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 PIRTLE, Judge. I. INTRODUCTION John M. Wizinsky pled no contest to one count of felony theft by unlawful taking and one count of felony criminal mischief. On appeal, he contends that his counsel was ineffective in several respects, that the trial court erred in accepting his plea, and that the trial court erred in...
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 IRWIN, Judge. I. INTRODUCTION Jamie L. appeals from the order of the juvenile court which terminated her parental rights to her daughter, Jaiden L. On appeal, Jamie challenges the juvenile court's finding that her parental rights should be terminated pursuant to Neb. Rev. Stat. 43-292(2), (6), and (7) (Cum. Supp. 2012)...
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 BISHOP, Judge. Hokming B. Chan appeals from the decision of the district court for Lancaster County that, after a jury trial, convicted him of possession with intent to deliver (marijuana). We affirm. BACKGROUND On February 4, 2011, a Trooper Kermoade observed a Hyundai Santa Fe driven by Wade Tang following another...
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 RIEDMANN, Judge. INTRODUCTION Rusty's Fertilizer, Inc. (Rusty's), appeals from the district court for Dawson County, which affirmed but modified the county court's decision. Rusty's generally argues that its motion to dismiss made at the close of Fred Maloley's evidence should have been granted, that Maloley failed to...
Per Curiam. INTRODUCTION Aaron J. Clark appeals his conviction in the district court for Douglas County for possession with intent to deliver marijuana. He argues that the district court should have suppressed evidence found in the vehicle he was driving, because police lacked probable cause to arrest him and conduct the search. He also argues that the trial court erred in consolidating his trial with that of his codefendant, because he was prejudiced by the consolidation. Because we find...
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 RIEDMANN, Judge. INTRODUCTION Doris Herrin appeals from her conviction in the district court for Dawson County for manslaughter. She also appeals the resulting sentence of 18 to 20 years' imprisonment. Because we find no merit to her arguments on appeal or the record is insufficient for review on direct appeal, we...
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 BISHOP, Judge. The Platte County District Court accepted Joshua E. Belk's no contest pleas to two counts of first degree sexual assault and one count of incest. Prior to sentencing, Belk sought to withdraw his pleas. The district court denied Belk's motion to withdraw his pleas and sentenced him on each count. Belk now...
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 RIEDMANN, Judge. INTRODUCTION Paul B. Kenyiba appeals his plea-based conviction of driving under the influence (DUI), third offense, with a breath alcohol concentration of.15 or greater. Kenyiba asserts that his two prior DUI convictions from Kentucky are not valid for purposes of enhancement and that the district court...
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 IRWIN, Judge. I. INTRODUCTION This appeal involves an action to foreclose a tax certificate issued to Rhonda K. Peavy at a public sale on March 3, 2008. The district court for Douglas County, Nebraska, granted summary judgment in favor of Peavy and entered a decree of foreclosure on the tax certificate. Paul J. Hansen,...
MEMORANDUM OPINION AND JUDGMENT ON APPEAL 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). IRWIN, Judge. I. INTRODUCTION Theresa R. appeals from an order of the county court for Hall County, Nebraska, sitting as a juvenile court, which adjudicated one of her children, Chelsea M., to be a juvenile as defined in Neb. Rev. Stat. 43-247(3)(a) (Reissue 2008). On appeal, Theresa asserts that there was...
MEMORANDUM OPINION AND JUDGMENT ON APPEAL 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). RIEDMANN, Judge. INTRODUCTION Andrew Sebade appeals from the order of the district court for Thurston County awarding primary physical custody of the parties' minor child to Jennifer Kai. Sebade argues that in analyzing the child's best interests, the court weighed Sebade's criminal record excessively and failed to...
MEMORANDUM OPINION AND JUDGMENT ON APPEAL 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). RIEDMANN, Judge. INTRODUCTION Trent R. Esch appeals from his convictions in the district court for Custer County for criminal mischief and use of a weapon to commit a felony. Because we find that the trial court erred in instructing the jury, we affirm Esch's conviction for criminal mischief but remand the cause for a...
MEMORANDUM OPINION AND JUDGMENT ON APPEAL 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). MOORE, Judge. Herchel Harold Huff was convicted of motor vehicle homicide, among other charges, in connection with the death of Kasey Jo Warner. Following his direct appeals, Huff filed a motion for postconviction relief. The claims for relief in this appeal relate to Huff's allegations that his trial counsel were...
Pirtle, Judge. INTRODUCTION State Farm Fire & Casualty Company (State Farm) brought a declaratory judgment action to determine whether a rental dwelling insurance policy issued to Jerry Dantzler covered lead-based-paint claims made against him by his tenants David Chuol and Chuol Geit. The district court for Douglas County found that the policy excluded coverage of the claims against Dantzler based on a "pollution exclusion," and granted summary judgment in favor of State Farm. We conclude...
Inbody, Chief Judge. INTRODUCTION This case is different from the typical juvenile case we review on appeal, insomuch as the petition to terminate parental rights was brought by the minor child's mother, without participation by the State. The biological father, Wayne G., appeals the order of the Seward County Court, sitting as a juvenile court, terminating his parental rights to the minor child, Jaidyn G. For the reasons that follow, we affirm the order of the court. STATEMENT OF FACTS On...
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). IRWIN, Judge. I. INTRODUCTION Byron Allen, Jr., and Monique Wise, copersonal representatives of the estate of Iyana N. Allen, deceased (the Estate), brought this action seeking to recover damages as a result of the February 27, 2010, drowning death of 4-year-old Iyana in a hotel swimming pool. A jury returned a verdict in favor of the defendant, NS World Service,...
Moore, Judge. I. INTRODUCTION Mathew W. Workman appeals from the orders of the district court for Sarpy County that terminated his participation in a drug court program as a result of several violations of the conditions of his drug court contract and sentenced him to concurrent terms of 20 months' to 5 years' imprisonment on his original drug charges. On appeal, Workman asserts that the district court did not comply with procedural and substantive due process safeguards in the termination...
Riedmann, Judge. I. INTRODUCTION Nicholas J. Podrazo appeals from his conviction in the district court for Douglas County for the first degree sexual assault and attempted first degree assault of A.T. Because we find no merit to Podrazo's arguments on appeal, we affirm. II. BACKGROUND 1. EVENTS SURROUNDING CHARGES The events surrounding this case began on December 23, 2010. At that time, A.T. was living near 22d and Maple Streets in Omaha, Nebraska (Maple Street residence), with her...
Riedmann, Judge. I. INTRODUCTION Del McDonald appeals from the decision of the district court for Douglas County modifying his child support obligation, awarding attorney fees to his former wife, and denying his request for custody modification. We determine that the district court did not abuse its discretion in refusing to modify child custody, in modifying Del's child support obligation, or in awarding attorney fees. Accordingly, we affirm the trial court's decision. II. BACKGROUND...
Bishop, Judge. INTRODUCTION Michael G. appeals from an order of the county court for Hall County, sitting as a juvenile court, terminating his parental rights to his daughter, Keisha G., pursuant to Neb.Rev.Stat. 43-292(4) and (6) (Cum.Supp.2012). On appeal, Michael alleges deficiency of the pleadings, improper admission of evidence, failure to properly advise him of his rights, and insufficiency of evidence. We agree that Michael was not given a proper advisement of rights at the...
