Nebraska Daubert Law
STATE OF NEBRASKA V. HAROLD L. STONE
Hebron, NE - Criminal Defense Attorney, first degree sexual assault of a child, one count of child abuse<br> <br> <br> In June 2016, Stone was charged by information with five counts of first degree sexual<br> assault of a child and one count of child abuse. The amended information alleged Stone sexually<br> penetrated the victim, H.W., on five separate occasions in 2014 and 2015, at a time when... More...
$0 (09-29-2020 - NE)STATE OF NEBRASKA V. HAROLD L. STONE
<center><br> <img width="400" src="https://i0.wp.com/www.morelawtv.com/wp-content/uploads/2020/08/subscription.gif?fit=300%2C42"><br> </center><br> <br> <br> <br> <br> In June 2016, Stone was charged by information with five counts of first degree sexual<br> assault of a child and one count of child abuse. The amended information alleged Stone sexually<br> penetrated the victim, H.W., on five sep... More...
$0 (09-08-2020 - NE)State of Nebraska v. Teon D. Hill <table> <td>
A December 10, 2013, surveillance video shows Dunn making a purchase at a liquor store at 30th and Pinkney Streets in Omaha at approximately 9:54 p.m. The purchase was placed in a white plastic bag. Surveillance video indicates<br> that Dunn then walked toward 28th Avenue. At approximately 10 p.m., a gunshot detection system notified the Omaha Police Department of six shots fired in the area. Offi... More...
$0 (01-19-2018 - NE)STATE OF NEBRASKA V. JAMES DELGADO <table> <td>
In 2007, Delgado was convicted of sexual assault of a minor and a jury trial was held, during which he was represented by William Madelung. Delgado was sentenced to 24 to 36 years’ imprisonment. The district court’s factual background as set forth in its postconviction order states that: Monday, April 9, 2007, was a non-school day at Gering High School. At approximately 8:00 [a.m.] on that d... More...
$0 (06-09-2017 - NE)<b><h3>State of Nebraska v. Tracy N. Parnell</b></h3>
On October 30, 2012, at around 8:14 p.m., Eriana Carr and Nakia Johnson were shot outside of Carr’s residence in Omaha, Nebraska. Carr was shot twice and died from her injuries. Johnson was shot 11 times and survived. Johnson told investigators that the shots came from “a blue Nissan Altima with a messed up front bumper.” She did not see the shooter.<br> 2. Threat<br> During a pretrial heari... More...
$0 (09-01-2016 - NE)STATE OF NEBRASKA V. EMMANUEL S. YANGA
Yanga was charged with two counts of attempted assault in the second degree, one count of use of a deadly weapon to commit a felony, one count of criminal mischief, over $1,500, and one count of assault in the third degree following events which took place at approximately 4:30 a.m. on September 21. Trial took place on March 2, 3, and 4, 2015. Yanga and Mazaher Bakry had dated for almost three ye... More...
$0 (06-14-2016 - NE)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. 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 ... More...
$0 (04-01-2016 - 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 so... More...
$0 (03-10-2016 - 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 so... 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 ... More...
$0 (02-26-2016 - 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 chil... More...
$0 (01-15-2016 - 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-... More...
$0 (12-23-2015 - NE)LaVern Louis Golden v. Union Pacific Railroad Company
LaVern Louis Golden appeals from the decision of the Lincoln County District Court, which granted to Union Pacific Railroad Company (UP) its motion for summary judgment. Primarily at issue in this case is the interpretation of our decision in McNeel v. Union Pacific RR. Co. Golden claims that he presented sufficient evidence of a toxic exposure to overcome UP's motion for summary judgment. UP cros... More...
$0 (10-07-2011 - 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 rulings... More...
$0 (08-14-2008 - NE)Lynn R. McNeel v. Union Pacific Railroad Company
Lynn R . McNeel brought this action under the Federal Employers' Liability A ct (FELA), alleging that he was injured when he inhaled fumes while employed as a conductor by Union Pacific Railroad Company (Union Pacific). T he district court for Lincoln County granted Union Pacific's Daubert/Schafersman motion to exclude McNeel's expert witnesses from testifying and subsequently entered summary judg... More...
$0 (07-19-2008 - NE)<a href="http://www.ca8.uscourts.gov/opndir/05/08/042078P.pdf" target="_new">Jerome S. Richman v. Acceptance Ins. Co.</a>
<P> This is an appeal of a shareholder liability suit against Acceptance Insurance Companies and some of its officers. The shareholder group appeals the district court's1 orders granting a motion to dismiss and a motion for summary judgment as to all of their claims. The Appellants raise three major issues in this appeal. First, they argue that the district court erred by granting the Appell... More...
$0 (08-30-2005 - NE)Amy C. Robb, appellee, v. Timothy L. Robb, appellant.
<P> Amy C. Robb filed a petition in the district court for Douglas County seeking dissolution of her marriage to Timothy L. Robb and sole custody of the couple's two minor children. Timothy filed an answer and cross-petition in which he sought joint custody. A temporary order provided that during the pendency of the dissolution proceedings, the parties were to have joint custody of the children,... More...
$0 (10-08-2004 - NE)<a href="http://court.nol.org/opinions/2004/july/july23/s02-1356.htm " target="_new">Dona R. Zimmerman v. Nedra J. Powell</a>.
<P>The appellant, Dona R. Zimmerman, alleged that she was injured in an automobile collision caused by the negligence of the appellee, Nedra J. Powell. Over Zimmerman's objection, the court allowed Powell's accident reconstructionist, Jubal D. Hamernik, Ph.D., to testify that Zimmerman was driving above the speed limit when the vehicles collided. The jury determined that Zimmerman had suffered $17... More...
$17851 (07-26-2004 - NE)<a href="http://court.nol.org/opinions/2004/february/feb13/s02-1076.htm" target="_new">Karen Carlson and C. Dean Carlson v. Leslie A. Okerstrom and K & B Transportation, Inc., a Nebraska corporation</a>
A jury awarded C. Dean Carlson (Dean) $894,901 and his wife, Karen Carlson, $259,578 for injuries they suffered because of an automobile collision caused by the negligence of Leslie A. Okerstrom. <P> On appeal, Okerstrom and his employer, K & B Transportation, Inc. (collectively the appellants), claim that the court erred in allowing the Carlsons' expert, Daniel B. Einspahr, M.D., to testify th... More...
$1154479 (02-20-2004 - NE)