MILLER-LERMAN, J. NATURE OF CASE Matthew A. Fox appeals his convictions for first degree murder and use of a weapon to commit a felony. Fox asserts that the district court for Lancaster County erred when it found him competent to stand trial and when it allowed him to absent himself from major portions of the trial. Because we find that the district court did not err when it found that Fox was competent to stand trial or when it allowed Fox to absent himself from trial, we affirm. STATEMENT...
McCORMACK, J. I. NATURE OF CASE Jeffrey A. Hessler filed a motion for postconviction relief from his current incarceration and sentence to death for crimes relating to the rape and murder of Heather Guerrero. The district court granted an evidentiary hearing on the limited issue of whether trial counsel was ineffective in failing to demand a competency hearing before the trial court allowed Hessler to waive counsel and represent himself at sentencing. The district court denied...
STEPHAN, J. This appeal focuses on the legality of a video gaming device known as Bankshot, which was developed by American Amusements Co. (American Amusements) and distributed by Greater America Distributing, Inc. (collectively appellees). Appellees filed this lawsuit after the State seized two Bankshot devices as alleged illegal gambling devices, seeking a declaration that they were not illegal. The state agencies and officers who were named as defendants filed a counterclaim seeking a...
CONNOLLY, J. The City of Minden, Nebraska (Minden), filed an application to construct a subtransmission line with the Nebraska Power Review Board (the Board). Southern Public Power District (Southern) objected to the application. The Board denied the application, finding that Minden's proposal was not the most economical and feasible means of supplying electrical services and also that its proposal would unnecessarily duplicate Southern's existing line. Minden appeals. Because the evidence...
CONNOLLY, J. This appeal requires us to decide whether a person who gives information to a prosecutor that results in a criminal prosecution against another has an absolute privilege from liability for malicious prosecution. Carla McKinney sued Matthias I. Okoye, a pathologist, and Nebraska Forensic Medical Services, P.C. (collectively the appellees), for malicious prosecution. She alleged that Okoye had reported in an autopsy report that an infant under McKinney's care died of injuries from...
CONNOLLY, J. I. SUMMARY This dispute is over the rates that the appellant, Waste Connections of Nebraska, Inc. (Waste Connections), charged to dispose of solid waste for the City of Scottsbluff (the City). The parties had two separate contracts. Under the first contract, the City's trucks collected the waste and took it to Waste Connections' transfer station. Waste Connections then hauled the waste to a landfill that it operated. After this contract expired, Waste Connections charged the City...
CONNOLLY, J. SUMMARY The Workers' Compensation trial judge found that the appellee, Jennifer Bassinger, had misrepresented her history of work-related injuries on a preemployment questionnaire and dismissed her petition for benefits. The three-judge review panel reversed, and remanded for further proceedings on whether a causal relationship existed between Bassinger's misrepresentation and her later injury. In her cross-appeal, Bassinger argues that the review panel exceeded its authority in...
CONNOLLY, J. In this postconviction proceeding, Lucky I. Iromuanya alleged multiple claims of ineffective assistance of counsel directed at his trial and appellate counsel. The district court overruled his motion without an evidentiary hearing. Because Iromuanya has either failed to allege facts showing his counsel's deficient assistance or failed to allege facts showing that he was prejudiced by his counsel's alleged deficiencies, we affirm. I. BACKGROUND In State v. Iromuanya (Iromuanya I...
HEAVICAN, C.J. INTRODUCTION The Central Nebraska Public Power & Irrigation District (Central) filed this action against Jeffrey Lake Development, Inc., and other sublessees (collectively JLDI) to quiet title to land owned by Central and leased by JLDI. JLDI sought to dismiss the action. The district court sustained the various motions to dismiss. Central appeals, and JLDI cross-appeals. We reverse, and remand for further proceedings. FACTUAL BACKGROUND This is the third time in...
GERRARD, J. This is an adoption case involving the petition of a married couple to adopt the wife's biological granddaughter. The husband has Alzheimer's-type dementia, so his adult son sought to participate in the adoption proceedings on his behalf and object to his mental capacity to pursue the adoption. The question presented in this appeal is whether the son can stand as his father's "next friend" and participate in such a proceeding. But we do not reach that issue, because we conclude...
HEAVICAN, C.J. INTRODUCTION Terry Jay Graff was convicted of violating a protection order and was sentenced to 12 months' probation. The issue presented by this appeal is whether a defendant can be convicted of knowingly violating a protection order of which he has actual notice if the defendant was not personally served with that order. We conclude that personal service is required by the statute and accordingly reverse, and remand with directions. FACTUAL BACKGROUND Graff and his wife...
STEPHAN, J. Richard A. Halverstadt was convicted of violating Neb.Rev.Stat. 60-6,294 and 60-6,300 (Reissue 2010) after being cited for hauling an overweight load on a Nebraska roadway. He appeals, contending the statutes do not apply to his actions, because he possessed a special permit. We affirm his convictions for violating 60-6,294, but reverse his conviction for violating 60-6,300. I. FACTS On May 14, 2010, Nebraska State Patrol Trooper John Lewis stopped a vehicle carrying an...
STEPHAN, J. On February 13, 2009, Ronald G. Smith was charged by information with one count of murder in the second degree; one count of first degree forgery, which was later amended to second degree forgery; and one count of theft by taking. All three charges related to the death of Terri Harris. After a jury trial, Smith was convicted and sentenced on all three counts. He then filed this timely appeal, assigning error only with respect to his conviction for second degree murder, for which he...
MILLER-LERMAN, J. NATURE OF THE CASE Appellant, Tymar, LLC, doing business as Second to None Moving (Tymar), filed an application with the Nebraska Public Service Commission (Commission) seeking authority to operate as a common carrier of household goods in intrastate commerce in service points in Cass, Sarpy, Douglas, and Washington Counties. Other common carriers in the area, including Two Men and a Truck; Jim's Moving & Delivery Co., Inc.; Vaughn Moving; I-Go Van & Storage; Earl D....
GERRARD, J. The City of Scottsbluff, Nebraska (the City), appeals from a decision of the Nebraska Commission of Industrial Relations (CIR), which determined that the City violated Nebraska's Industrial Relations Act (IRA), 1 when the City implemented changes to health insurance coverage and related benefits without bargaining with the Scottsbluff Police Officers Association, Inc. (the Union). The City appeals. For the following reasons, we affirm in part, and in part reverse and remand with...
GERRARD, J. The plaintiff in this case was injured on premises that were leased to her employer by a legally distinct entity that is owned and operated by the same shareholders as her employer. The question presented in this appeal is whether the plaintiff can go to district court and sue the entity that owns the premises for negligence, or whether her exclusive remedy is under the Nebraska Workers' Compensation Act (the Act). 1 We conclude that the plaintiff is not barred by the Act from...
CONNOLLY, J. SUMMARY In this declaratory judgment action, Federated Service Insurance Company (Federated) sought a determination that under its policy with Sadler Line Construction, Inc. (Sadler), it had no duty to defend or indemnify Alliance Construction, Inc. (Alliance). Sadler was a subcontractor of Alliance. The district court granted summary judgment to Federated. We reverse the judgment and remand the cause for further proceedings. BACKGROUND SADLER'S SUBCONTRACT WITH ALLIANCE In...
MILLER-LERMAN, J. NATURE OF CASE In this inverse condemnation proceeding, the district court for Dixon County entered judgment on a jury verdict in favor of Richard L. Armstrong and Cynthia A. Armstrong and against the County of Dixon for $4,049 and awarded the Armstrongs attorney fees in the amount of $5,600. The Armstrongs appealed the judgment to the Nebraska Court of Appeals, which affirmed the judgment. The Armstrongs petitioned for further review limited to the issue of attorney fees....
CONNOLLY, J. In 2009, under a plea bargain, Donald M. Lee pleaded nolo contendere to one count of second degree murder. The court sentenced Lee to a term of 70 years to life in prison. Lee now moves for postconviction relief. He claims violations of his right to speedy trial, his right to due process, and his right to effective assistance of counsel. The district court denied relief without granting an evidentiary hearing. We affirm in part, and in part reverse and remand for further...
McCORMACK, J. I. NATURE OF CASE George John Vlasin and Betty L. Vlasin, husband and wife, leased the oil and gas rights to their land to Bellaire Oil Company and its affiliate, Ranch Oil Company (collectively Ranch Oil). Ranch Oil operated on one-half of the land described in the lease. Byron E. Hummon, Jr., owner of Hummon Corporation (collectively Hummon), operated on the other one-half of the lease. After the primary term of the lease expired and the wells stopped producing oil, George and...
