Nebraska Case Commentaries

Due Process and Standing in Parental Relinquishment: Comprehensive Analysis of In re Interest of Jordon B.

Date: Jun 29, 2024

Due Process and Standing in Parental Relinquishment: Comprehensive Analysis of In re Interest of Jordon B. Introduction The Supreme Court of Nebraska, in the case of In re Interest of Jordon B., a...

Balancing Mental Health and Professional Conduct in Attorney Discipline: State ex rel. Counsel v. Miller

Date: Jun 22, 2024

Balancing Mental Health and Professional Conduct in Attorney Discipline: State ex rel. Counsel v. Miller Introduction State of Nebraska ex rel. Counsel for Discipline of the Nebraska Supreme Court,...

Nebraska Supreme Court Sets Precedent on Domestic Intimate Partner Abuse in Custody Cases

Date: Jun 22, 2024

Nebraska Supreme Court Sets Precedent on Domestic Intimate Partner Abuse in Custody Cases Introduction The Asia R. Mann, now known as Asia R. Harrison, Appellant and Cross-Appellee v. Brian L. Mann,...

Parole Eligibility Does Not Govern Sentencing Range: Comprehensive Analysis of State v. Allen Evans

Date: Jun 22, 2024

Parole Eligibility Does Not Govern Sentencing Range: Comprehensive Analysis of State of Nebraska v. Allen Evans Introduction State of Nebraska v. Allen Evans, 316 Neb. 943 (2024), is a pivotal case...

Locality Rule Reinforced in Expert Testimony Admissibility: Konsul v. Asensio, 316 Neb. 874

Date: Jun 15, 2024

Locality Rule Reinforced in Expert Testimony Admissibility: Konsul v. Asensio, 316 Neb. 874 Introduction Ivan J. Konsul appeals the dismissal of his medical malpractice lawsuit against Juan Antonio...

State v. German (2024): Affirming Evidentiary Rulings and Sentencing Conformance with Alleyne Precedent

Date: Jun 15, 2024

State v. German (2024): Affirming Evidentiary Rulings and Sentencing Conformance with Alleyne Precedent Introduction In the landmark case of State of Nebraska v. Kevin S. German, the Supreme Court of...

Sovereign Immunity and Notice Requirements under PSTCA: Supreme Court of Nebraska in Garcia v. City of Omaha

Date: Jun 8, 2024

Sovereign Immunity and Notice Requirements under PSTCA: Supreme Court of Nebraska in Garcia v. City of Omaha Introduction Garcia v. City of Omaha is a landmark case decided by the Supreme Court of...

Jurisdictional Boundaries in Name Change Proceedings: In re Change of Name of Druckenmiller

Date: Jun 8, 2024

Jurisdictional Boundaries in Name Change Proceedings: In re Change of Name of Druckenmiller Introduction The case of In re Change of Name of Druckenmiller addresses the scope of a district court’s...

Clemens v. Emme: Supreme Court of Nebraska Affirms Strict Standards for Proving Business Partnerships and Judicial Estoppel

Date: Jun 8, 2024

Clemens v. Emme: Supreme Court of Nebraska Affirms Strict Standards for Proving Business Partnerships and Judicial Estoppel Introduction The Supreme Court of Nebraska recently adjudicated the case of...

Reevaluation of Recreational Activity Exemptions Under the Political Subdivisions Tort Claims Act: Insights from MacFarlane v. Sarpy County School District

Date: May 25, 2024

Reevaluation of Recreational Activity Exemptions Under the Political Subdivisions Tort Claims Act: Insights from MacFarlane v. Sarpy County School District Introduction In the landmark case of...

Active Appreciation of Gifted Property in Premarital Agreements: Nebraska Supreme Court Sets Precedent in Seemann v. Seemann

Date: May 25, 2024

Active Appreciation of Gifted Property in Premarital Agreements: Nebraska Supreme Court Sets Precedent in Seemann v. Seemann Introduction In the landmark case of Clint Seemann, appellee, v. Lisa...

State v. Hoehn: Clarifying Jurisdictional Authority and Fourth Amendment Protections in DUI Arrests

Date: May 18, 2024

State v. Hoehn: Clarifying Jurisdictional Authority and Fourth Amendment Protections in DUI Arrests Introduction In State of Nebraska v. Michael C. Hoehn, the Supreme Court of Nebraska addressed...

Affirmation of Beneficiary Rights Under Premarital Agreement: Yvonne M. White v. Estates of Leonard P. White

Date: May 18, 2024

Affirmation of Beneficiary Rights Under Premarital Agreement: Yvonne M. White v. Estates of Leonard P. White Introduction The case of Yvonne M. White, formerly Yvonne M. Gubser, Appellee, versus...

Supreme Court of Nebraska Establishes Mootness Doctrine Exception in Landlord-Tenant Appeals

Date: May 18, 2024

Mootness Doctrine Exception Affirmed in Sup. Ct. of Nebraska’s Decision in Johnson v. Vosberg Introduction In the landmark case of Daniel Johnson v. Tina Vosberg, decided by the Supreme Court of...

Non-Applicability of Equitable Tolling to Nebraska's Postconviction Limitation Period: State v. Boeggeman

Date: May 11, 2024

Non-Applicability of Equitable Tolling to Nebraska's Postconviction Limitation Period: State v. Boeggeman Introduction State of Nebraska, appellee, v. Joseph C. Boeggeman, appellant. (316 Neb. 581)...

Admissibility of Graphic Evidence and Coconspirator Statements Confirmed in State of Nebraska v. Boswell

Date: May 11, 2024

Admissibility of Graphic Evidence and Coconspirator Statements Confirmed in State of Nebraska v. Boswell Introduction In the landmark case of State of Nebraska v. Bailey M. Boswell, 316 Neb. 542...

Clear Trust Provisions Override Default Statutory Inheritance Tax Apportionment

Date: May 11, 2024

Clear Trust Provisions Override Default Statutory Inheritance Tax Apportionment Introduction The case of In re Michael Hessler Living Trust v. Robert Hessler, Successor Trustee of The Michael Hessler...

Establishing Bounds of Sovereign Immunity: Nebraska Supreme Court's Ruling in Joshua M. et al. v. State of Nebraska

Date: May 4, 2024

Establishing Bounds of Sovereign Immunity: Nebraska Supreme Court's Ruling in Joshua M. et al. v. State of Nebraska Introduction The case of Joshua M. et al., appellants, v. State of Nebraska et al.,...

Nebraska Supreme Court Rules on Inclusion of Irrevocable Trust Distributions as Countable Assets in Trust Bequests

Date: May 4, 2024

Nebraska Supreme Court Rules on Inclusion of Irrevocable Trust Distributions as Countable Assets in Trust Bequests Introduction The Nebraska Supreme Court recently delivered a pivotal judgment in the...

State v. Woolridge-Jones: Upholding the Exclusion of Peritraumatic Dissociation Expert Testimony in Second Degree Murder Conviction

Date: May 4, 2024

State v. Woolridge-Jones: Upholding the Exclusion of Peritraumatic Dissociation Expert Testimony in Second Degree Murder Conviction Introduction The case of State of Nebraska v. Makhi Woolridge-Jones...