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Nebraska Due Process Law
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. 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. 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. 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)

State Of Nebraska v. Custer

The charges against Custer arose from an incident in which he shot and killed Adam McCormick outside a residence in Sidney, Nebraska, on November 3, 2012. In the information filed in the district court for Cheyenne County, Custer was originally charged with second degree murder and use of a firearm to commit a felony. The information was amended to upgrade the murder charge to first degree and to ... More...   $0 (11-16-2015 - NE)

State Of Nebraska v. Ware

On April 13, 1984, Ware was convicted of first degree murder following a bench trial. Ware was subsequently sentenced to life imprisonment. This court affirmed his conviction and sentence.1 On August 16, 2012, Ware filed a motion for postconviction relief. In that motion, Ware alleged that (1) his mandatory life sentence was unconstitutional under Miller v. Alabama2 because the sentencing court di... More...   $0 (10-31-2015 - NE)

State of Nebraska v. Larry F. Duncan

BACKGROUND In March 2014, the State charged Duncan with one count of operating a vehicle without an ignition interlock device under § 60-6,211.11 (Cum. Supp. 2012) and one count of driving during revocation under Neb. Rev. Stat. § 60-6,197.06 (Reissue 2010), both Class IV felonies. In October 2014, the parties advised the court that they had reached a plea agreement. Duncan pleaded no contest to d... More...   $0 (10-23-2015 - NE)

State of Nebraska v. Brandon Dye

The incident giving rise to the charges against Dye occurred on the afternoon of November 7, 2013, when Dye kicked in the door of a hotel room in Grand Island, Nebraska, that was occupied by three sisters. Dye entered the hotel room because he was searching for a relative of the sisters for the purpose of retrieving a debt the relative owed to him. While in the hotel room, Dye grabbed and bent the... More...   $0 (10-23-2015 - NE)

In re Interest of Joseph S. et al.

Kerri is the biological mother of the minor children: Joseph S., William S., and Steven S. The family first came to the attention of the Nebraska Department of Health and Human Services (DHHS) on March 16, 2009. In that case, DHHS became involved with the family due to concerns about Kerri’s drug use and improper supervision of the children. The children remained out of Kerri’s care for exactly 1 ... More...   $0 (10-09-2015 - NE)

Caton v. State Of Nebraska

Caton was sentenced on October 27, 2004, to 10 to 20 years’ imprisonment with 363 days’ credit for time served, after being convicted of burglary with habitual criminal enhancement. An order of commitment into the custody of the Department was signed by the clerk of the district court that same date. The date Caton committed the acts that led to this conviction is not in the record. The 10-year mi... More...   $0 (10-02-2015 - NE)

State Of Nebraska v. Jackson

Kena G. Jackson was convicted of possession of a controlled substance with enhancement pursuant to the habitual
- 910 Nebraska advaNce sheets 291 Nebraska reports STATE v. JACKSON Cite as 291 Neb. 908 criminal statute.1 On June 9, 2004, Jackson was sentenced by the district court to 10 to 15 years’ imprisonment, with 196 days credit for time served. The Department erroneously discharged Jacks... More...
   $0 (10-02-2015 - NE)

Cain v. Custer Cty. Bd. of Equal.

Cain owns 10 contiguous parcels of land in Custer County, Nebraska, which total over 1,093 acres. Approximately 70 percent of the property, or 756 acres, is irrigated “native grass” upon which Cain grazes cattle. The remainder of the property is nonirrigated grassland.
- 733 Nebraska advaNce sheets 291 Nebraska reports CAIN v. CUSTER CTY. BD. OF EQUAL. Cite as 291 Neb. 730 In 2012, as the resu... More...
   $0 (08-29-2015 - NE)

State v. Wang

Jin R. Wang appeals his conviction in the district court for Lancaster County for driving under the influence (DUI), third offense. Wang claims that the district court erred when it overruled his motion to suppress evidence of a chemical breath test and admitted the evidence at trial. Wang argues that the evidence should have been suppressed because his alleged statutory right to advisement u... More...
   $0 (08-17-2015 - NE)

Susan Waters v. Pete Ricketts

Omaha, NE - Nebraska same sex marriage prohibition is unconstitutional

Plaintiffs are seven same-sex couples seeking to marry in Nebraska or to have
their marriage in another state recognized in Nebraska. They also seek state benefits
incident to marriage. The district court granted 1 Plaintiffs’ motion for a preliminary
injunction. It found that Article I, § 29 of the Nebrask... More...
   $0 (08-11-2015 - NE)

Melanie M. v. Kerry T. Winterer

Melanie M. requested an administrative hearing after the Department of Health and Human Services (Department) informed her that it was going to change her benefits under the Supplemental Nutrition Assistance Program (SNAP). The Department informed Melanie—a resident of North Platte, Nebraska—that it would hold the hearing in Lincoln, Nebraska. Melanie could participate telephonically at the De... More...   $0 (04-23-2015 - NE)

United States v. Christina Richey

After Christina Richey admitted to violating one condition of her supervised
release, the district court1 revoked Richey’s supervised release. The district court
imposed a 24-month prison sentence, in excess of the 6 to 12-month advisory
1The Honorable Laurie Smith Camp, Chief Judge, United States District Court
for the District of Nebraska.
guidelines range, based on Richeyâ... More...
   $0 (07-14-2014 - NE)

State of Nebraska v. Juan E. Castaneda

Juan E. Castaneda was convicted of several charges arising from three shootings that occurred in Omaha, Nebraska, Nebraska Advance Sheets


Cite as 287 Neb. 289

November 12, 2008. We affirm Castaneda’s convictions in all respects, but conclude that the sentences of life imprisonment without the possibility of parole imposed upon Castaneda were unconstitu... More...
   $0 (02-07-2014 - NE)

ML Manager, LLC v. Dale M. Jensen

This is an appeal from an order overruling an “Objection to Garnishee’s Answers to Interrogatories” on the finding that the objection was filed after the 20-day time period set forth in Neb. Rev. Stat. § 25-1030 (Reissue 2008). ML Manager, LLC, and SOJ Loan, LLC (collectively ML Manager), contend that under § 25-1030, the 20-day time period should not begin until the garnishor receives not... More...   $0 (01-10-2014 - NE)

Carroll White v. Burdette Searcey

In 1989, Plaintiff Joseph White was convicted by a Nebraska jury of felony murder in the February 1985 rape and murder of Helen Wilson in Beatrice, Nebraska. The prosecution’s case against White was based primarily on the testimony and confessions of White’s co-defendants, Ada JoAnn Taylor, Thomas W. Winslow, James L. Dean, Kathleen A. Gonzalez, and Debra Shelden. White was sentenced to life i... More...   $0 (10-15-2012 - NE)

Sherry Luckert v. Dodge County

Troy Sampson committed suicide while detained at the Dodge County Jail (DCJ) in Fremont, Nebraska. Sampson’s mother, Sherry Luckert, acting as the personal representative of Sampson’s estate, sued Dodge County and jail officials under 42 U.S.C. § 1983, claiming they were deliberately indifferent to Sampson’s medical needs, violating his due process rights. A jury found Dodge County and DCJâ... More...   $0 (06-23-2012 - NE)

Bernard Jones v. Rick McNeese

In this interlocutory appeal, Dr. Rick McNeese appeals the district court's denial of his motion for summary judgment on the basis of qualified immunity. We remand the case to the district court for a more complete articulation of its analysis of Dr. McNeese's motion for summary judgment based on qualified immunity.


The Nebraska Department of Correctional Services (the ... More...
   $0 (03-29-2012 - NE)

Gerard Keating v. Nebraska Public Power District

Several Nebraska farmers filed suit under 42 U.S.C. § 1983, alleging their due process rights were violated when Nebraska officials ordered the farmers to cease drawing water from the Niobrara Watershed without providing a predeprivation hearing. We reversed the district court’s prior dismissal and remanded the matter to the court with specific instructions. On remand, the district court1 deter... More...   $0 (11-07-2011 - NE)

Tim Dempsey v. City of Omaha

Tim Dempsey, the former Chief of Police for Elkhorn, Nebraska, appeals the district court's denial of his First Amendment retaliation claims against the City of Omaha. The events giving rise to this action occurred in the context of Omaha's contested and protracted annexation of Elkhorn. Throughout and following this process, Omaha hired most Elkhorn employees who sought employment with Omaha.
... More...
   $0 (02-08-2011 - NE)

Fred H. Keller, Jr. v. City of Fremont

This matter is before the court on a “Certification Request” filed in this court by the U.S. District Court for the District of Nebraska under Neb. Rev. Stat. § 24-219 et seq. (Reissue 2008). The federal district court’s request involves two federal cases consolidated under the lead case docketed in federal district court as case No. 8:10CV270.

The court has certified the following ... More...
   $0 (11-05-2010 - NE)

Michael Nikolas v. City of Omaha

In July 2000, Michael E. Nikolas purchased 6.79 acres of land within three miles of the Omaha city limits, an area in which the City has statutory planning and zoning authority. See Neb. Rev. Stat. § 14-418. The property included a forested area, a ravine, a house, and a dilapidated two-story structure built by a prior owner without necessary building permits that the City had placarded for conde... More...   $0 (05-18-2010 - NE)

Timothy Moore v. American Family Mutual Insurance Company

Timothy Moore bought an unoccupied duplex located in a flood plain from Walsh County, North Dakota, on condition that it be moved by a date certain, and American Family Insurance Company insured the property for $50,000. After a fire destroyed the building about five weeks before the deadline for moving it had expired, American Family denied Mr. Moore's insurance claim on the ground that the fire ... More...   $0 (08-15-2009 - NE)

Gerard Keating v. Nebraska Public Power District

Appellants, Nebraska farmers and ranchers who draw water from the Niobrara Watershed, appeal the district court’s dismissal of their suit brought under 42 U.S.C. § 1983. In this suit, appellants alleged that state officials deprived them of their procedural due process rights when those officials ordered them to cease drawing water from the Niobrara Watershed without providing prior notice or a... More...   $0 (04-13-2009 - NE)

Gregory Kloch v. Jon C. Bruning, etc.

In this interlocutory appeal, Nebraska Attorney General Jon Bruning seeks reversal of the district court’s decision denying him absolute and qualified immunity in the lawsuit brought under 42 U.S.C. § 1983 by Gregory M. Kloch, M.D., which claimed that provisions of Nebraska’s Uniform Licensing Law violated the due process clause of the Fifth and Fourteenth Amendments to the United States Cons... More...   $0 (11-04-2008 - NE)

Fredrick T. Kozisek v. County of Seward, Nebraska, et al.

Fredrick Kozisek appeals the district court's1 grant of summary judgment in favor of Seward County and the chairman of the Seward County Board (collectively and hereinafter "county" or "board") in this employment discrimination and civil rights case. We affirm.


Kozisek began working for the county in 1981 as a weed control officer. In 1994, he applied for and was appoin... More...
   $0 (08-28-2008 - NE)

Shaun O. Parker, DDS v. State of Nebraska ex rel. John Bruning, Attorney General

Shaun O. Parker, D.D.S., appeals the State’s disciplinary action. In November 2006, the director of the Department of Health and Human Services Regulation and Licensure (the Department) revoked Parker’s license to practice dentistry. Parker sought review by the district court. The court affirmed the order revoking his license. On appeal, Parker argues that the State denied him procedural due p... More...   $0 (08-14-2008 - NE)

John J. Sturzenegger v. Father Flanagan's Boys' Home

John J. Sturzenegger sued Father Flanagan’s Boys’ Home (Boys Town) and a former Boys Town teacher based on an alleged instance of sexual abuse that occurred while Sturzenegger was a resident of Boys Town. After a rather contentious trial, a jury rejected Sturzenegger’s claims and the district court entered judgment against him. Sturzenegger appeals, claiming that the court erred in several r... More...   $0 (08-14-2008 - NE)

Larry Coffey v. County of Otoe

Otoe County enacted a zoning regulation that prohibits, among other things, the construction of single-family dwellings within a one-half-mile radius of certain animal feeding and waste handling facilities, unless the owner of the single-family dwelling grants an impact easement to the owner of the facility and the owner of the facility agrees to the easement. T he primary issue present... More...   $0 (01-11-2008 - NE)

Stacy Lane VanHorn v. Dennis Oelschlager, et al.

Dennis Oelschlager, the Executive Secretary for the Nebraska State Racing Commission ("the Commission"), and its three appointed Commissioners, Chairman Dennis P. Lee, Janell Beveridge, and Bob Volk ("the Commissioners") seek an interlocutory appeal. Oelschlager and the Commissioners request reversal of the district court's1 denial of their motion to reconsider its order directing that laws... More...   $0 (09-28-2007 - NE)

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