Nebraska Court of Appeals, unpublished decision, affirms Hall County District Court conviction for child abuse,Class III felony (28-707(5)).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.

Eighth Circuit Court of Appeals affirms conviction for child pornography; defendant's claim that governments search of his computer that was hooked up peer to peer with other computers through Lime Wire program was not an illegal warrantless search. 083183P.pdf 08/14/2009 United States v. Harold Stults U.S. Court of Appeals Case No: 08-3183 District of Nebraska - Omaha [PUBLISHED] [Smith, Author, with Riley and Colloton, Circuit Judges] Criminal case - criminal law and sentencing. Users of peer-to-peer file sharing software like LimeWire do not have a reasonable expectation of privacy in files they make available to others using the software, and the warrantless search of defendant's computer through LimeWire did not violate his Fourth Amendment rights; affidavit the police used to obtain a warrant to search defendant's home and seize his computer established probable cause to believe child pornography would be found; defendant's prior conviction for attempted sexual assault on a child was sufficient to invoke the ten-year mandatory minimum sentence under 18 U.S.C. Sec. 2252(b)(2); under this court's precedents, the district court did not err in applying the five-level enhancement under Guidelines Sec. 2G2.2(b)(3)(B) as the government produced sufficient circumstantial evidence to meet its burden of proving defendant expected to receive child pornography when he used LimeWire; sentence was not unreasonable; special conditions of supervised release which controlled defendant's contact with children, access to pornography and use of the Internet and cameras were related to his offense and were reasonable measures to protect the public.

Eighth Circuit Court of Appeals affirms without comment Nebraska convict's civil rights complaint against requiring him to register as a sex offender for pandering a minor. 081629U.pdf 08/21/2009 Richard Hansen v. John Doe U.S. Court of Appeals Case No: 08-1629 District of Nebraska - Lincoln [UNPUBLISHED] [Per Curiam - Before Loken, Chief Judge, and Hansen and Colloton, Circuit Judges] Civil case - civil rights. Order dismissing suit claiming issuance of a citation for violation of SORNA's (Neb. Rev. Stat. §§ 29-4001-14.) reporting requirements violated plaintiff's civil rights affirmed without comment.

Overruled ineffective counsel motion affirmed in Nebraska Supreme Court against defendant convicted of smothering his girlfriends child, intentional child abuse resulting in death. Counsel's failure to redact defendant's confession that referred to other injuries from abuse was harmless and not ineffective counsel, appellate counsel also not ineffective. State v. Jim, S-08-953, 278 Neb. 238

Trial judge's supplemental jury instruction in trial for intentional child abuse resulting in death, Class IB felony § 28-707(6) RRS Neb. (Reissue 2008) that explained prong of instruction on denying care as an alternate finding for guilt was not prejudicial error. Defendant did not make a facial challenge to the punishment under Class IB felony under Neb. Rev. Stat. § 28-707(6) (Reissue 2008) as excessive. State v. Robinson, S-08-433, 278 Neb. 212

Junk Science update: Plaintiff's attorney who represented the plaintiff who sued alleging repressed memories of sexual abuse from her Baptist minister agrees to vacate the jury's $1.75 million plaintiff's verdict. Free Republic.com. The plaintiff's expert Dr. Daniel Brown of Harvard helped the plaintiff's case of repressed memory of sexual abuse she suffered as a child. The Defendant's counsel however submitted affidavits from real experts that Dr Brown misrepresented the "general acceptance” within the relevant scientific community of his repressed memory hypothesis. They also stated in their affidavits that Dr Brown mis-stated the theory’s error rate, according to the papers. Error rate can determine the reliability of a scientific field. The defendant's attorney argued in filings that the good doctor Brown "either intentionally or through reckless indifference to the truth, mis-stated the existence of an error rate relating to” the hypothesis." Didn't Dr Brown realize that's the Plaintiff's attorney's job?

Nebraska Supreme Court finds personal jurisdiction proper for child's action against divorced parent who travelled to Nebraska and had his relatives do the same to take her to Canada where the parent allegedly abused the child. S.L. v. Steven L., S-06-563, 274 Neb. 646 The Lancaster County District Court dismissed the ex-wife's tort action against divorced father for allegedly abusing their child while she visited the father in Canada stating the court could not assert personal jurisdiction over the father. Nebraska Supreme Court reverses, finding for intentional injuries the pleading and other materials showed the defendants contacts to this State were sufficiently connected to Nebraska to justify personal jurisdiction over him. "one who removes a minor child from her Nebraska home under the guise of exercising a visitation right in another jurisdiction, and then intentionally subjects the child to harm before returning her to this state, could reasonably expect to be haled into a Nebraska court to answer for such conduct in a civil action brought on behalf of the child." Finally jurisdiction was appropriate in Nebraska as hearing the case here did not offend fair play and substantial justice. "Nebraska’s exercise of specific personal jurisdiction over Steven in this action would not offend notions of fair play and substantial justice.