Wright , J . I. NATURE OF CASE Maxiliamo Cano Samayoa (Cano) appeals his convictions on one count of third degree sexual assault of a child and three counts of first degree sexual assault of a child at least 12 years of age but less than 16 years of age. He argues that the evidence was insufficient to support his convictions. He also assigns that the district court erred in admitting certain testimony and in advising the jury that with respect to count I, "[t]he exact time when a...
Riedmann , Judge . INTRODUCTION Debra Yost appeals, and Davita, Inc., cross-appeals, from the further award of the Workers' Compensation Court. On appeal, Yost argues that the compensation court erred in finding that Davita was not required to pay for the cost of her spinal cord stimulator. On cross-appeal, Davita challenges the compensation court's finding that Yost suffered an increase in incapacity and is now at maximum medical improvement (MMI) for her mental injury. It also...
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 . John Lecher Zapata appeals from the decision of the district court for Lancaster County, Nebraska, dismissing his amended complaint under Neb. Ct. R. Pldg. 6-1112(b)(6) (rev. 2008) for failure to state a claim for which relief could be granted. For the reasons stated below, we affirm. FACTUAL...
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 . Corey Wells appeals the order of the district court for Douglas County, Nebraska, denying his "Motion for Order of Nunc Pro Tunc." In his pro se motion, Wells argued that when the district court sentenced him in March 2005 for possession with intent to deliver cocaine, with a habitual criminal...
Bishop , Judge . Jonathan K. appeals from orders of the district court for Lancaster County granting petitions for domestic abuse protection orders filed by his wife, Sarah K., on behalf of herself and her minor daughter, Tegan K. Jonathan's sole contention is that because the most recent abuse alleged in the petitions occurred 12 weeks prior to the filing of the petitions, it was too remote in time to support the entry of protection orders. We affirm. BACKGROUND In January 2015, pursuant...
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 , Chief Judge . INTRODUCTION The appellee, Mikael D. Loyd, was convicted in the district court for Douglas County of second degree murder, and was sentenced to 30 to 35 years in prison. The State of Nebraska appeals, claiming that the sentence is excessively lenient. Finding no abuse of discretion in the...
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 . Douglas Rothenberger was convicted of refusing to submit to a chemical test, first offense, in the county court for Scotts Bluff County, Nebraska. He appealed his conviction to the district court for Scotts Bluff County, which affirmed. Rothenberger now appeals to this court, contending his conviction...
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 . INTRODUCTION The Maschhoffs, LLC, appeals from an award entered by the Nebraska Workers' Compensation Court on February 11, 2015. The court found Mark Kircher had reached maximum medical improvement and was entitled to temporary total disability. The court also found Kircher was entitled to permanent...
Pirtle , Judge . INTRODUCTION After a bench trial, Bradley A. Simmons was found guilty of one count of assault on an officer in the second degree, a Class II felony. He appeals his conviction, asserting that certain evidence should not have been introduced and that the pepper spray used during the altercation should not have been considered a dangerous instrument within the meaning of the Nebraska Revised Statutes. For the reasons that follow, we affirm. BACKGROUND Simmons, an inmate at...
Bishop , Judge . Margo Loop was appointed guardian and conservator for her 94-year-old mother, Lorine Mueller, in the county court for Platte County, Nebraska. At the time of the appointment, Lorine suffered from moderate to severe Alzheimer's disease and dementia and resided in a skilled nursing facility. After appointing Margo, the county court authorized her to sell various real property to fund Lorine's care, including a 17.56-acre property owned by Mue-Cow Farms, Inc. (Mue-Cow), a...
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 , Chief Judge . I. INTRODUCTION Lana Sue Bruns (Lana) appeals and Dan Cohrs (Dan) cross appeals from a modification order by the district court for Douglas County which, among other things, modified the custody and parenting time of Lana and Dan's minor child, increased the amount of Dan's monthly child support...
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 , Chief Judge . I. INTRODUCTION Following a jury trial in the district court for Douglas County, Durelle Davis (Davis) was found guilty of possession of a controlled substance and not guilty of possession of a deadly weapon by a prohibited person. On appeal, Davis asserts that he received ineffective assistance...
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). BISHOP , Judge . Robin L. appeals from the decree of dissolution entered by the district court for Douglas County awarding sole legal and physical custody of the parties' five minor children to Robert L. Robin contends the court abused its discretion in awarding sole custody to Robert, and she also argues the 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 MOORE , Chief Judge . INTRODUCTION Ray L. Thayer appeals from the order of the district court for Scotts Bluff County, which affirmed his conviction and sentence in the county court for driving under the influence (DUI), first offense. Because we find that there was reasonable suspicion to believe that Thayer was...
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 . Following a bench trial in the district court for Douglas County, Rojae A. Devers was convicted of possession of a deadly weapon by a prohibited person in violation of Neb. Rev. Stat. 28-1206(1)(a) (Reissue 2008). The court sentenced Devers to 4 to 6 years' imprisonment. On appeal, Devers contends...
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 . INTRODUCTION Carl Ueding-Nickel appeals his conviction and sentence for the charge of Sexual Assault of a Child in the First Degree, a Class IB felony. Ueding-Nickel asserts the trial court erred in denying the motion to suppress his statements to police following his arrest and in ordering an...
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 , Chief Judge . INTRODUCTION Following a jury trial in the district court for Hall County, Armando Aguilar ("Aguilar") was convicted of driving during revocation, and driving without a valid registration. During trial, the district court denied Aguilar's motion for a directed verdict and denied his request for...
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 . Michael J. Parson pled no contest to one count of third degree domestic assault in violation of Neb. Rev. Stat. 28-323(1) (Cum. Supp. 2014). The district court for Lancaster County accepted his plea and sentenced him to 180 days' imprisonment. Parson appeals, contending that (1) 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 BISHOP , Judge . Michael J. Parson pled no contest to one count of third degree domestic assault in violation of Neb. Rev. Stat. 28-323(1) (Cum. Supp. 2014) (count I) and one count of third degree assault in violation of Neb. Rev. Stat. 28-310(1) (Reissue 2008) (count II). The district court for Lancaster County...
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 . Following a jury trial in the county court for Burt County, Victor Jensen was convicted of two counts of mistreatment of a livestock animal in violation of Neb. Rev. Stat. 54-903(2) (Reissue 2010) and four counts of neglect of a livestock animal in violation of 54-903(1). He appealed his...
