Kelch , j. INTRODUCTION Following a jury trial, Joseph D. Senn, Jr., was convicted of carrying a concealed weapon. The Nebraska Court of Appeals reversed the conviction on the basis that the evidence was insufficient to support the jury's guilty verdict. Upon further review, we find that the evidence, viewed in the light most favorable to the prosecution, was sufficient to sustain Senn's conviction. We therefore reverse the Court of Appeals' decision and remand the cause with directions...
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 Steven M. Hinz was found guilty of one count of driving while under the influence. The county court for Lancaster County sentenced him to 6 months' probation and ordered him to pay a $500 fine. Hinz appealed his conviction to the district court, where it was affirmed. Hinz now appeals...
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 McCORMACK , Retired Justice . I. INTRODUCTION Keinald V. Parnell, also known as Reginald V. Parnell, appeals his convictions and sentences for burglary, terroristic threats, and first degree false imprisonment. On appeal, Parnell alleges that there was insufficient evidence to support his convictions and that he...
Riedmann , Judge . INTRODUCTION Michael R. Schiesser appeals from his plea-based conviction of attempted aiding the consummation of a felony. On appeal, he claims the factual basis supporting his plea is insufficient to sustain the conviction. We find no merit to his argument and therefore affirm. BACKGROUND Schiesser was initially charged with possession of money to be used in violating Neb. Rev. Stat. 28-416(1) (Cum. Supp. 2014) and aiding the consummation of a felony. Pursuant to 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 BISHOP , Judge . I. INTRODUCTION Mark Allen Koch, pro se, filed a complaint requesting a writ of mandamus to void various meetings of the Lower Loup Natural Resources District Programs and Projects Committee (Committee), and all actions taken therein and therefrom, alleging that the Committee violated the Open...
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 . INTRODUCTION A Douglas County District Court jury found Dontevous D. Loyd guilty of burglary, a Class III felony at the time of Loyd's offense. The district court sentenced Loyd to no less than 14 nor more than 18 years' imprisonment. Loyd appeals the sufficiency of the evidence and the sentence...
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 . BACKGROUND Procedural Background. Michael is the father of Isaiah, born in 2006, and Noah, born in 2009. Jennifer S. is the biological mother of Isaiah and Noah; she is also the mother of Austin S., but Michael is not Austin's father. The State filed a motion to terminate Jennifer's parental rights...
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 John F. Hanson appeals the order of the Douglas County District Court which entered summary judgment in favor of Pam McCawley, Silverstone Group Incorporated (Sileverstone), and those certain underwriters at Lloyd's London, signatory to certificate No. NPPR08-000874, each for...
Wright , J. NATURE OF CASE These two appeals involve identical charges, similar facts, and identical assignments of error and arguments. Therefore. although they were briefed and argued separately, it is appropriate to address the two appeals in a single opinion. The defendants appeal the denial of their pleas in bar and motions to quash in relation to the application of Neb. Rev. Stat. 60-6,197.03(8) (Cum. Supp. 2014) in sentencing them for the crime of refusal to submit to a chemical...
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 McCORMACK , Retired Justice . INTRODUCTION Christopher K. appeals from an order of the juvenile court which adjudicated his minor child, Jaxyn S. (referred to as "Jaxyn K." in the proceedings below), to be a juvenile as defined in Neb. Rev. Stat. 43-247(3)(a) (Supp. 2015). On appeal, Christopher asserts that there...
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 Jorge Chavez appeals from his conviction in the district court for Clay County for three counts of third degree sexual assault of a child. On appeal, Chavez challenges the admission of certain testimony from a nonexpert witness, the sufficiency of the evidence to support his...
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 C.A. appeals from the decision of the district court for Douglas County, affirming the decision of the Mental Health Board of the Fourth Judicial District (Board). The Board found C.A. to be a dangerous sex offender under the Sex Offender Commitment Act (SOCA), Neb. Rev. Stat. 71-...
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 William P. Copple appeals from an order of the district court for Sarpy County which affirmed his conviction and sentence in the Sarpy County Court for driving under the influence of alcohol (DUI), third offense/refusal. Copple challenges the district court's affirmance of the 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 McCORMACK , Retired Justice . I. INTRODUCTION Armando Garibo appeals from his conviction for first degree sexual assault of a child. On appeal, Garibo argues that he should have been granted a directed verdict based on insufficient evidence and that he received ineffective assistance of trial counsel in various...
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). PIRTLE , Judge . INTRODUCTION Daniel Campbell appeals his convictions and sentences in the district court for Douglas County on seven charges that resulted from Campbell shooting at two Nebraska State Patrol Troopers as they were trying to initiate a traffic stop of the vehicle Campbell was in. He argues that the...
Moore , Chief Judge . I. INTRODUCTION Mitchell Q. Wynne appeals from his convictions in the district court for Douglas County following a jury trial for first degree murder and use of a deadly weapon (firearm) to commit a felony. On appeal, Wynne challenges the admission of a series of text messages into evidence, the denial of his motion for mistrial based on the prosecutor's comments during closing argument, and the sufficiency of the evidence to sustain the murder conviction. For 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 . INTRODUCTION Ronny L. Armitage and Lori R. Armitage were divorced in 2011; their divorce decree provided for joint legal custody of their two sons, with physical custody awarded to Lori. On February 17, 2016, the district court for Madison County modified the decree by awarding physical custody of...
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 Darryl Chambers appeals from his conviction for assault in the first degree, a Class II felony. On appeal he challenges the sufficiency of the evidence to support his conviction and the sentence imposed by the district court. For the reasons that follow, we affirm. BACKGROUND...
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 McCORMACK , Retired Justice . I. INTRODUCTION Shekinah Lightspirit appeals his convictions and sentences for first degree assault and use of a deadly weapon to commit a felony. Lightspirit's sentences were enhanced following the district court's determination that Lightspirit is a habitual criminal. 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). MEMORANDUM OPINION AND JUDGMENT ON APPEAL INBODY , Judge . INTRODUCTION Justin T. Dubas appeals from an order of the district court for Lancaster County overruling his motion to suppress evidence and finding him guilty of driving during revocation, first offense, after a stipulated bench trial. On appeal, Dubas argues the district court erred in overruling...
