Sunday, January 03, 2010

Nebraska Court of Appeals, unpublished decision, affirms Hall County District Court conviction for child abuse,Class III felony (28-707(5)). Defendant objected to doctor's testimony that referred to the child's foster care because that evidence was cumulative of other evidence and harmless error. State v. Aguirre, A-09-117. Defendant appeals her conviction and sentence on a charge of felony child abuse. On appeal, Defendant asserts that the district court erred in overruling objections to testimony from Dr. Douglas Boon and in imposing an excessive sentence. We find the assertions on appeal to be without merit, and we affirm.
Nebraska Court of Appeals in an unpublished decision reduces Lancaster County Court small claims judgment from $2700 to about $150, the cost a veterinarian's bill homeowners incurred while caring for friends pet chihuahua dog she "bailed" to them for several months. Derr v. Linville, A-09-310This case involves the saga of Lola, the “left behind, but apparently much loved,” Chihuahua dog that the parties have litigated through three levels of our judicial system. Heather Linville (Heather) appeals from the decision of the district court for Lancaster County entering judgment in favor of Travis Derr (Travis) and Natasha Combs (Natasha) for $2,700, which the lower courts assessed against Heather because she left her dog, Lola, in the care and safekeeping of Travis and Natasha for nearly a year...the district court was clearly wrong in awarding judgment in the amount of $2,700, because under the applicable law, Travis and Natasha are only entitled to be reimbursed for actual expenses they incurred while caring for Lola, and the only proof of such was one vet bill. Therefore, Travis and Natasha are entitled to be reimbursed $152.98 for the July 2 vet visit. Thus, we affirm the judgment in favor of Travis and Natasha but modify such to the sum of $152.98.
Nebraska Court of Appeals in unpublished decision affirms bench trial judgment in favor of photographer at a middle school volleyball game for $50000 after she fell from a three-legged referee's stool during a game. #
  • Linner v. Wilcox-Hildreth Pub. Sch., A-09-257
Wilcox-Hildreth Public Schools (the School) appeals a judgment entered by the district court after a bench trial in this negligence action brought by Tammy S. Linner after she fell from a three-legged volleyball stand provided by the School for her use while photographing a junior high school volleyball team. On appeal, the School asserts that the judgment was contrary to the law and evidence and challenges the court’s ruling on an objection to Linner’s proffer of a deposition. We find no merit to the assignments of error.

Friday, January 01, 2010

Nebraska Supreme Court to hear appeal of Fremont municipal illegal immigration petition drive. What are the chances the Nelson court will kick this can down the road and off a cliff? Nebraska Judicial Branch Case Summaries Thursday January 7, 2010 subject to call at 900AM. S-09-0448, City of Fremont (Appellant) v. Wanda Kotas, Jerry Hart and John Weigert Dodge County, Judge John E. Samson Attorneys: J.L. Spray, Stephen D. Mossman (Mattson Ricketts Davies Stewart & Calkins) and Dean Skokan (Fremont City Attorney) (Appellant) --- Kris W. Kobach (Immigration Reform Law Institute, University of Missouri—Kansas City School of Law) Civil: Declaratory Judgment Action; City Initiative Petition Proceedings below: The district court determined it lacked subject matter jurisdiction over the issues raised in the First Cause of Action in the City’s Amended Complaint; granted the Petitioners’ Motion to Dismiss the First Cause of Action and granted summary judgment on the Second Cause of Action in the City ‘s Amended Complaint. The City filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court. Issues: The district court erred in (1) finding it lacked subject matter jurisdiction over the issues raised in the First Cause of Action in the City’s Amended Complaint; (2) failing to find that Neb. Rev. Stat. § 18-2538 provided the necessary statutory framework to determine the issues raised in the First Cause of Action in the City’s Amended Complaint; (3) granting Petitioners’ motion to dismiss the First Cause of Action in the City’s Amended Complaint; (4) failing to find the City Initiative Petition circulated and filed by Petitioners contained multiple subjects; (5) failing to find the City Initiative Petition was invalid for violating the “single subject rule”; (6) granting summary judgment on the Second Cause of Action in the City’s Amended Complaint.
Nebraska Supreme Court reverses Court of Appeals decision that gave father of a child who was in his wife's words a "trick's baby" a second chance to keep parental rights. African-American Husband and his white wife were separated when wife gave birth to a baby who was white, blue eyed and had red hair. Husband was living in Kentucky and wife was in California when she gave birth. Wife was a drug addict and prostitute, so Husband had his suspicions. Nebraska Supreme Court upholds Douglas County Juvenile Court ruling however terminating black father's parental rights based on abandonment. In re Interest of Chance J., S-08-962, 279 Neb. 81 (12-31-2009) reversing In re Interest of Chance J.17 Neb. App. 645 - Neb: Court of Appeals, 2009 - Google Scholar. "Based on our de novo review of the record, that Andrew has intentionally withheld from Chance, without just cause or excuse, his presence, care, love, protection, maintenance, and opportunity for the display of parental affection. Furthermore, the physical appearance of a child or suspicions of infidelity are not just cause or excuse for abandoning a child born into wedlock. The Court of Appeals erred in concluding that Andrew did not abandon Chance. Because we have concluded that Andrew abandoned Chance within the meaning of § 43-292(1), we need not address Andrew’s conduct under § 43-292(9).Reasonable efforts to preserve and reunify a family are required when the State seeks to terminate parental rights under § 43-292(6). But in IN INTEREST OF HOPE278 Neb. 869 - Neb: Supreme Court, 2009 - Google Scholar L. et al., we recently reaffirmed our holding that reasonable efforts to reunify the family are required under the juvenile code only when termination is sought under § 43-292(6), not when termination is based on other grounds. Here, termination was not sought under § 43-292(6); it was sought under § 43-292(1), (2), and (9), and we have affirmed the court’s finding of abandonment under § 43-292(1). Therefore, after a proper finding of abandonment, it was not necessary for the State to make reasonable efforts to reunify this father and child."