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Nebraska Due Process Law
 
STATE OF NEBRASKA V. DWAN D. HARDEN

On May 9, 2014, Harden and the victim in this case, M.P., began communicating on a social media website. After going out drinking with her friends that night, M.P. returned home around midnight and noticed that Harden was online. They agreed to get together to smoke marijuana, and Harden picked M.P. up at her residence in a sport utility vehicle (SUV). They drove to a gas station, and afterwards, ... More...   $0 (05-19-2016 - NE)

STATE OF NEBRASKA V. BOBBY J. MOSS

On March 17, 2005, the State filed an amended information charging Moss with two counts of second degree murder, and two counts of use of a deadly weapon to commit a felony, arising out of acts occurring on approximately December 4, 2003, against victim Michelle Harlan and her unborn child. A bench trial commenced on May 31, 2005. The evidence established that on December 6, 2003, officers with t... More...   $0 (05-19-2016 - NE)

State of Nebraska v. Karry R. Neisius

Neisius’ employer provided custom hay grinding services. Its customers were farmers in the region surrounding its principal place of business in Beemer, Nebraska. Neisius was a hay grinder operator. His duties included transporting the hay grinder and its power unit between jobsites and back to one of his employer’s offices located in Wakefield, Nebraska. The hay grinder used by Neisius was design... More...   $0 (05-09-2016 - NE)

STATE OF NEBRASKA V. LARON M. JONES

In the early morning hours of March 7, 2014, a group of friends gathered at the home of Alanna Delaney for an “after-hours” party. Those in attendance included Delaney; Saraha Richards; Jamie Thiem; Dale Gaver; Josue Sanchez; Giovanni Barrios; D’Angelo Goods; and the decedent, Samuels, among others. Around 2:30 a.m., three black males and one black female arrived uninvited at the party. One of the... More...   $0 (04-30-2016 - NE)

STATE OF NEBRASKA V. TIMOTHY J. BRITT

Britt’s convictions arose out of the deaths of Miguel E. Avalos, Sr. (Miguel Sr.); Jose Avalos; and Miguel E. Avalos, Jr. (Miguel Jr.) Davis was convicted in a separate trial of three counts of first degree murder and three counts of use of a deadly weapon to commit a felony arising from the deaths of the same victims.1 At the time of Britt’s trial, Davis was awaiting sentencing.

1. ATTE... More...
   $0 (04-22-2016 - NE)

STATE OF NEBRASKA V. JAY A. ALLIO

The State filed an information in the district court on April 28, 2015, charging Allio in count I with first degree sexual assault of a child in violation of Neb. Rev. Stat. § 28-319.01 (Cum. Supp. 2014), a Class IB felony, and in count II with incest in violation of Neb. Rev. Stat. § 28-703 (Reissue 2008), a Class III felony.
On July 13, 2015, Allio pled no contest to both counts of the inf... More...
   $0 (04-13-2016 - NE)

State of Nebraska v. Shannon K. Bond

On January 21, 2014, Bond was charged by information in the district court for Hall County with possession of methamphetamine. In a separate information filed in the district court for Hall County on the same date, Turner was charged with possession of methamphetamine, possession of drug paraphernalia, and possession of 1 ounce or less of marijuana. Bond’s and Turner’s offenses allegedly occurred ... More...   $0 (04-13-2016 - NE)

State of Nebraska v. Scott Shsnnon

Shannon was convicted of two counts of attempted robbery. He was sentenced to concurrent terms of 15 to 25 years in prison. On July 28, 2011, in case No. A-10-1050, the convictions and sentences were affirmed by the Nebraska Court of Appeals. The Court of Appeals issued its mandate in Shannon’s direct appeal on September 20, 2011. On October 19, 2012, Shannon filed a petition for postconviction r... More...   $0 (04-09-2016 - NE)

State of Nebraska v. Dylan Cardeilhac

In February 2014, when he was 15 years old, Cardeilhac was being detained in the juvenile section of the Scotts Bluff County Detention Center (SBCDC) awaiting trial on charges which included one count of robbery. At around 2 a.m. on February 14, Amanda Baker, a correctional officer employed at SBCDC, was performing a bed check in the juvenile males section of the facility. Videos from SBCDC show t... More...   $0 (04-01-2016 - NE)

State of Nebraska v. Robert W. Grant

Grant and McKee had been in an “on again, off again” relationship for a number of years preceding McKee’s death on September 17, 2013. McKee and her 16-year-old daughter, Alexis Carter, moved from Wichita, Kansas, to Omaha, Nebraska, on July 26, 2013. Carter testified that Grant did not help McKee and Carter pack or move. Nor did Carter see any signs of Grant at the new apartment during the first ... More...   $0 (04-01-2016 - NE)

Marshall v. EyeCare Specialties

In January 2007, EyeCare Specialties hired Marshall as an optical technician. Marshall previously worked as a registered nurse but “lost [her] nursing license” because of prescription drug abuse. Marshall said that she successfully completed treatment and did not abuse prescription drugs while she worked for EyeCare Specialties. She told her coworkers about her past drug abuse because they asked w... More...   $0 (03-26-2016 - NE)

State v. Burke

Burke was convicted by a jury of violation of public assistance, a Class IV felony. In June, August, and September 2010, Burke submitted a series of applications for the State’s Supplemental Nutrition Assistance Program (SNAP). The State’s case centers on Burke’s failure to report her husband’s workers’ compensation income after her first application. The State also highlights other changes Burke ... More...   $0 (03-20-2016 - NE)

STATE OF NEBRASKA V. BRITTENEY N. BAKER

Baker pled no contest to one count of motor vehicle homicide and, in February 2013, she was sentenced to 18 to 20 years’ incarceration. About two and a half weeks after sentencing, Baker wrote a letter to the district court judge stating that she wished to appeal her sentence. The letter was not accompanied by a filing fee or application to proceed in forma pauperis. The court forwarded Baker’s le... More...   $0 (03-20-2016 - NE)

STATE OF NEBRASKA V. BRITTENEY N. BAKER

Baker pled no contest to one count of motor vehicle homicide and, in February 2013, she was sentenced to 18 to 20 years’ incarceration. About two and a half weeks after sentencing, Baker wrote a letter to the district court judge stating that she wished to appeal her sentence. The letter was not accompanied by a filing fee or application to proceed in forma pauperis. The court forwarded Baker’s le... More...   $0 (03-16-2016 - NE)

State of Nebraska v. Steven R. Braesch

Braesch’s mother, Virginia Braesch (Virginia), testified that Braesch moved away from home in the 1990’s but moved back into his parents’ home in Gretna, Nebraska, about a year or two before the murder. He was staying in the basement. About 6 weeks before the murder, Braesch had told Virginia that he had AIDS. She said that “off and on,” he would lie in bed sick, “like depression or something,” bu... More...   $0 (03-10-2016 - NE)

State of Nebraska v. Travis T. Mitchell

The events giving rise to this case occurred on June 6, 2014. That morning, Mitchell and his mother, Lucille Mitchell, went to a home improvement store in Lincoln, Nebraska, to purchase supplies to build a dog house. Lucille drove the pair in a beige sport utility vehicle (SUV). On the way to the home improvement store, Mitchell asked Lucille to stop at a nearby liquor store. Lucille stopped at th... More...   $0 (03-05-2016 - NE)

State of Nebraska v. Candice M. McMillion

McMillion has been married to her husband, Caleb McMillion (Caleb), since March 2007. Their son, S.M., was born in August 2007. In late September 2012, after getting into an argument with Caleb, McMillion told her father-in-law that she had “put her mouth on [S.M.] a couple of times” and that she did so, in order to save her marriage, because Caleb “was into that.” McMillion told him that Caleb ha... More...   $0 (03-05-2016 - NE)

State of Nebraska v. Steven R. Braesch

Braesch’s mother, Virginia Braesch (Virginia), testified that Braesch moved away from home in the 1990’s but moved back into his parents’ home in Gretna, Nebraska, about a year or two before the murder. He was staying in the basement. About 6 weeks before the murder, Braesch had told Virginia that he had AIDS. She said that “off and on,” he would lie in bed sick, “like depression or something,” bu... More...   $0 (03-05-2016 - NE)

Sstate of Nebraska v. Eric M. Henry

On December 20, 2013, Henry was charged by amended information with four counts. Count I alleged that he committed the first degree murder of Jorgensen “in the perpetration of or attempt to perpetrate a robbery.” Count II charged use of a deadly weapon to commit a felony. Count III charged possession of a deadly weapon (brass or iron knuckles) by a prohibited person. Count IV charged criminal cons... More...   $0 (02-26-2016 - NE)

State Of Nebraska v. Mitchell

The events giving rise to this case occurred on June 6, 2014. That morning, Mitchell and his mother, Lucille Mitchell, went to a home improvement store in Lincoln, Nebraska, to purchase supplies to build a dog house. Lucille drove the pair in a beige sport utility vehicle (SUV). On the way to the home improvement store, Mitchell asked Lucille to stop at a nearby liquor store. Lucille stopped at th... More...   $0 (02-23-2016 - NE)

State Of Nebraska v. Gilliam

Gilliam was arrested for DUI after an encounter with a police officer. An information filed in the district court for
- 773 Nebraska advaNce sheets 292 Nebraska reports STATE v. GILLIAM Cite as 292 Neb. 770 Lancaster County charged Gilliam with DUI and alleged that Gilliam had two prior convictions. 1. motioN to suppress Gilliam filed a pretrial motion to suppress all evidence gathered as a r... More...
   $0 (02-13-2016 - NE)

State of Nebraska v. Matthew G. Hinrichsen

A jury convicted Matthew G. Hinrichsen of two counts of first degree murder for the killing of Victoria D. Lee and her husband, Gabino A. Vargas; one count of using a firearm to commit a felony; and one count of possessing a firearm during the commission of a felony. Hinrichsen denied that he intended to kill the victims. On appeal, Hinrichsen primarily argues that because sudden quarrel provocati... More...   $0 (02-06-2016 - NE)

State Of Nebraska v. McSwine

McSwine was charged with terroristic threats, kidnapping, first degree sexual assault, and use of a deadly weapon to commit a felony. The charges arise from October 2012 allegations that McSwine abducted C.S. at knifepoint and drove her around rural Lancaster County, in an area near Waverly, Nebraska, periodically stopping to sexually assault her. McSwine and C.S. originally met because McSwine wo... More...   $0 (01-29-2016 - NE)

State Of Nebraska v. Davis

In September 2007, a jury convicted Davis of first degree sexual assault, a Class II felony, and sexual assault of a child, a Class IV felony at the time. State v. Davis, In March 2008, he was sentenced to
imprisonment on the former conviction and 4 to 5 years’ imprisonment on the latter conviction. Id. Davis was represented by one attorney during trial and another attorney for sentencing an... More...
   $0 (01-26-2016 - NE)

State Of Nebraska v. Trice

On December 26, 2010, Timothy Warren was stabbed when a fight broke out during a party in Norfolk, Nebraska. Warren died from his injuries. Our opinion in State v. Trice3 recited the circumstances surrounding the stabbing and summarized the evidence adduced at Trice’s first trial. In most respects, the evidence adduced at Trice’s second trial was similar to that adduced at his first trial. We reci... More...   $0 (01-24-2016 - NE)

State Of Nebraska v. Russell

The Greater Omaha Safe Streets Task Force is a coalition of local, state, and federal law enforcement agencies that conducts long-term investigations related to narcotics and violent crime. In the summer of 2012, the task force began an operation to investigate the distribution of crack cocaine in Omaha, Nebraska. Approximately 15 people were targeted during the investigation, 8 of whom were ultim... More...   $0 (01-24-2016 - NE)

State Of Nebraska v. Valverde

Following a jury trial, Valverde was convicted of two counts of third degree sexual assault of a child, second offense; four counts of child abuse; and three counts of first degree sexual assault of a child, second offense, relating to acts committed against H.L. and B.V. at locations in Sarpy County between June 1, 2008 and December 10, 2010. On direct appeal, Valverde assigned error to the proce... More...   $0 (01-23-2016 - NE)

State Of Nebraska v. McKean

On April 3, 2012, McKean was charged by information with possession of methamphetamine, a Class IV felony. Pursuant to an agreement with the State, McKean pled guilty to an amended information, which reduced the charge to attempted possession of methamphetamine, a Class I misdemeanor. On October 31, 2012, McKean was sentenced to one year of probation and ordered to pay a $500 fine. On October 30, ... More...   $0 (01-22-2016 - NE)

State Of Nebraska v. McKean

On April 3, 2012, McKean was charged by information with possession of methamphetamine, a Class IV felony. Pursuant to an agreement with the State, McKean pled guilty to an amended information, which reduced the charge to attempted possession of methamphetamine, a Class I misdemeanor. On October 31, 2012, McKean was sentenced to one year of probation and ordered to pay a $500 fine. On October 30,... More...   $0 (01-20-2016 - NE)

State Of Nebraska v. Russell

The Greater Omaha Safe Streets Task Force is a coalition of local, state, and federal law enforcement agencies that conducts long-term investigations related to narcotics and violent crime. In the summer of 2012, the task force began an operation to investigate the distribution of crack cocaine in Omaha, Nebraska. Approximately 15 people were targeted during the investigation, 8 of whom were ultim... More...   $0 (01-15-2016 - NE)

State Of Nebraska v. Trice

II. BACKGROUND On December 26, 2010, Timothy Warren was stabbed when a fight broke out during a party in Norfolk, Nebraska. Warren died from his injuries. Our opinion in State v. Trice3 recited the circumstances surrounding the stabbing and summarized the evidence adduced at Trice’s first trial. In most respects, the evidence adduced at Trice’s second trial was similar to that adduced at his first... More...   $0 (01-15-2016 - NE)

State Of Nebraska v. Carter

On December 26, 2010, Timothy Warren was stabbed when a fight broke out during a party in Norfolk, Nebraska. Warren died from his injuries. Our opinion in State v. Trice3 recited the circumstances surrounding the stabbing and summarized the evidence adduced at Trice’s first trial. In most respects, the evidence adduced at Trice’s second trial was similar to that adduced at his first trial. We reci... More...   $0 (01-15-2016 - NE)

State Of Nebraska v. Smith

Smith and Jennifer Smith met and began dating in April 2004. In late April or May, Smith moved into Jennifer’s apartment in Council Bluffs, Iowa, with Jennifer and her two daughters, S.D. and A.L., who were 9 and 6 years old at the time. Smith and Jennifer were married in June 2004. They conceived a son, who was born in September 2010. On August 6, 2013, Child Protective Services received a child ... More...   $0 (01-15-2016 - NE)

State Of Nebraska v. Bain

A jury found the appellant, Tyler C. Bain, guilty of four felonies stemming from his assaults of his former wife with whom he was living: kidnapping, first degree sexual assault, second degree assault, and making terroristic threats. Regarding the kidnapping conviction, the court found that statutory mitigating circumstances did not exist. It convicted Bain of a Class IA felony for kidnapping and ... More...   $0 (01-08-2016 - NE)

State Of Nebraska v. Erpelding

On May 14, 2012, Erpelding filed a complaint with the district court to establish paternity, custody, visitation, and child support of his 4-year-old daughter, Grace Erpelding, who was born out of wedlock. In July 2012, the court entered a temporary parenting plan granting primary physical and legal custody of Grace to her mother, Diane Southall. On August 20, the court ordered Erpelding to pay te... More...   $0 (12-31-2015 - NE)

State Of Nebraska v. Loyd

Loyd was originally charged with first degree murder. He pled no contest to the amended charge of second degree murder, a Class IB felony, and was sentenced to 30 to 35 years in prison, with credit for 606 days served. The factual basis for the conviction shows that on August 14, 2013, Loyd assaulted and strangled his former girlfriend, resulting in her death, after which he placed her body in an... More...   $0 (12-23-2015 - NE)

State Of Nebraska v. Rothenberger

The record before us does not contain the original complaint filed against Rothenberger. On July 9, 2013, the State filed a two-count amended complaint charging Rothenberger with driving under the influence of drugs or alcohol (DUI), second offense, in violation of Neb. Rev. Stat. § 60-6,196 (Reissue 2010) (count I), and refusing to submit to a chemical test in violation of Neb. Rev. Stat. § 60-6,... More...   $0 (12-23-2015 - NE)

State Of Nebraska v. DeJong

On March 11, 2011, Susan called the 911 emergency dispatch service at approximately 4 p.m. Susan told the operator that her husband, Tom, was not breathing and was cold to the touch. Susan stated that Tom had gone to South Dakota to be with his “whore” and came home “all . . . beat up.” The operator had Susan perform cardiopulmonary resuscitation on Tom until the emergency units arrived. When emer... More...   $0 (12-18-2015 - NE)

State Of Nebraska v. Carman

Lyle J. Carman appeals his conviction for “unlawful act manslaughter” under Neb. Rev. Stat. § 28-305 (Reissue 2008). Carman’s dump truck struck the rear of a car that had stopped or slowed due to highway construction. The collision forced the car off the highway, causing it to roll, and the driver was killed as a result. The unlawful acts for which Carman was convicted were following too closely a... More...   $0 (12-04-2015 - NE)

Roskop Dairy v. GEA Farm Tech.

Roskop Dairy, L.L.C. (Roskop Dairy), owned by Michael Roskop (Roskop), is a commercial dairy operation. GEA Farm Technologies, Inc. (GEA), manufactures automated dairy equipment used in dairy systems. Midwest Livestock Systems, Inc. (Midwest), was an authorized dealer of GEA products. Roskop Dairy sued the defendants for damages allegedly stemming from the “Dematron 60 Air Detacher Package” (Demat... More...   $0 (12-04-2015 - NE)

 
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