The domestic partners case is Knight v. Superior Court, S133961, summarily affirmed in the Supreme Court.
Thursday, June 30, 2005
Wednesday, June 29, 2005
In re Interest of Kayla F. et al., 13 Neb. App. 679 June 28, 2005. No. A-05-442.
Mother in contested juvenile court proceedings against father filed notice of appeal from Hall County Court. Father sought to dismiss appeal because Mother did not deposit cost bond. Court holds that filing notice of appeal with docket fee satisfies appeals court jurisdiction, however mother has 14 days to deposit the cost bond. 25-1914. The court has discretion to dismiss an appeal on motion and notice “if no bond has been given and certified in the transcript or within such additional time as may be fixed by the appellate court for good cause shown.” Our statutory law states, and our case law holds, that to perfect an appeal from a juvenile court to an appellate court, the appealing party must, within 30 days after the rendition of such judgment, (1) file a notice of appeal with the juvenile court and (2) deposit with the clerk of the juvenile court the docket fee required by law. 25-1912. In re Interest of T.W. et al., 234 Neb. 966, 453 N.W.2d 436 (1990). In juvenile cases, the cost bond is required and may subject the appeal to dismissal, but is not jurisdictional. The Court orders the mother post the bond within 14 days.
Monday, June 27, 2005
Saturday, June 25, 2005
Ondrak v. Matis, 270 Neb. 46 June 24, 2005. No. S-04-764.
Zwygart v. State, 270 Neb. 41 June 24, 2005. No. S-04-598.In accountant's disciplinary action, the Supreme Court reverses District Court for plain error in not reviewing record of accountants' board denovo. § 84-917(5)(a).
Friday, June 24, 2005
State v. Senters, 270 Neb. 19 June 24, 2005. No. S-03-945. the Supremes upheld the defendant's conviction for videotaping consensual sex with a 17 year old teenager in violation of § 28-1463.03(1).despite his desperate attempt to raise Lawrence v Texas as a defense to the conviction. Lawrence v. Texas, 539 U.S. 558, 123 S. Ct. 2472, 156 L. Ed. 2d 508 (2003) Under § 28-319(1)(c), the female student was legally capable of consenting to the sex act which they videotaped. The supremes ruled they are not bound to follow Eighth Circuit precedent on federal questions but still found the 8th cir case U.S. v. Bach, 400 F.3d 622 (8th Cir. 2005) persuasive that the comparable federal child porn law did not limit protected to children to those under the age of consent which the supreme court today determines is stil the province of the states subject only to "rational basis" review.
Thursday, June 23, 2005
In re Interest of Elizabeth S., 13 Neb. App. 673 Filed June 21, 2005. Nos. A-04-1413, A-05-276. Judge's ruling allowing juvenile subject to parental rights termination proceeding to have visitation with parent vacated because Judge based decision in part on exparte contacts with child psychologist. NCA further orders judge to recuse himself from the case. See Neb. Code of Jud. Cond., Canon 3 (rev. 2000), and State ex rel. Grape v. Zach, 247 Neb. 29, 524 N.W.2d 788 (1994).
In re Interest of Genevieve C., 13 Neb. App. 665June 21, 2005. No. A-04-111 Juvenile's delinquency adjudication for giving a false statement to a police officer where prosecutor charged violation of Lincoln Ordinance Lincoln Mun. Code § 9.08.040 (1990) upheld against challenge that Ordinance conflicted with false reporting statute § 28-907(1)(a); Ordinance prohibited giving knowing false statements concerning an investigation and statute prohibited false statements on material facts. Although crimes are distinct they are not incompatible. Compare with State v. Loyd, 265 Neb. 232, 655 N.W.2d 703 (2003) where Supreme Court held ordinance that provided different punishment for 2nd offense dwi from state law was invalid.
Tuesday, June 21, 2005
Friday, June 17, 2005
Thursday, June 16, 2005
Wednesday, June 15, 2005
Tuesday, June 14, 2005
Friday, June 10, 2005
Hyannis Ed. Assn. v. Grant Cty. Sch. Dist. No. 38-0011, 269 Neb. 956 June 10, 2005. No. S-04-133.
Industrial Relations Commission did not have to resolve moot dispute between teachers association and Class IV school district about fringe benefits for school year already past. Commission however must resolve dispute about whether District contract's deviation clause would apply even though there was no clause present from disputed contract year. The Industrial Commission should employ"prevalence" analysis in determining the deviation dispute. finally the Court upholds Commissions referring to comparable school districts salaries of the same class and kind geographic area.
Thursday, June 09, 2005
Tuesday, June 07, 2005
In re Interest of Dylan Z., 13 Neb. App. 586 Filed June 7, 2005. No. A-04-722. Termination of parental rights judgment is reversed for failure to meet "clear and convincing:" evidence standard required for termination of parental rights. Evidence disclosed that the father did not know he had this child, so abandonment did not apply. Further an incident involving another child and the father 's pit bull not enough to terminate parental rights. In order to terminate parental rights, the State must prove by clear and convincing evidence that one of the statutory grounds enumerated in Neb. Rev. Stat. § 43-292 (Reissue 2004) exists and that termination is in the childÂs best interests, while to adjudicate a minor as requiring court supervision requires only a preponderance of the evidence under Â§ 43-247 (Cum. Supp. 2002). The child however will remain under the court's jurisdiction. Omaha .com noted that Health and Human Services has instituted more thorough procedures to contact missing fathers before taking termination or adoption actions.