Nebraska Case Commentaries

Affirming Presumption of Validity and Mass Appraisal Standards in Agricultural Property Taxation: Cain v. Custer County Board of Equalization

Date: Jan 27, 2024

Affirming Presumption of Validity and Mass Appraisal Standards in Agricultural Property Taxation: Cain v. Custer County Board of Equalization Introduction In the case of Donald V. Cain, Jr. v. Custer...

Affirmation of Discretionary Removal from Wellness Court: State v. Horne Establishes Standard for Abuse of Discretion Review

Date: Jan 20, 2024

Affirmation of Discretionary Removal from Wellness Court: State v. Horne Establishes Standard for Abuse of Discretion Review Introduction In the case of State of Nebraska v. Tristan T. Horne (315...

Enhancing Jury Instruction Standards in Unlawful Act Manslaughter: Analysis of State v. Tvrdy

Date: Jan 20, 2024

Enhancing Jury Instruction Standards in Unlawful Act Manslaughter: Analysis of State of Nebraska v. Patrick S. Tvrdy Introduction The case of State of Nebraska v. Patrick S. Tvrdy (315 Neb. 756)...

State v. Clark: Upholding All-Male Jury Selection and Rejecting Ineffective Counsel Claims

Date: Jan 20, 2024

State v. Clark: Upholding All-Male Jury Selection and Rejecting Ineffective Counsel Claims Introduction In the landmark case State of Nebraska, appellee, v. Angelina M. Clark, appellant (315 Neb....

General Appearance and Evidentiary Standards in Domestic Abuse Protection Orders: Analysis of Paw K. v. Christian G.

Date: Jan 20, 2024

General Appearance and Evidentiary Standards in Domestic Abuse Protection Orders: Analysis of Paw K. v. Christian G. Introduction The Supreme Court of Nebraska, in the case of Paw K. v. Christian G....

Conditional Transfer Orders Under the Indian Child Welfare Act: Insights from In re Interest of Ricardo T. et al.

Date: Jan 13, 2024

Conditional Transfer Orders Under the Indian Child Welfare Act: Insights from In re Interest of Ricardo T. et al. Introduction The Supreme Court of Nebraska, in the case In re Interest of Ricardo T....

Nebraska Supreme Court Establishes New Standards for Public Figure Defamation: Actual Malice and Special Damages

Date: Jan 13, 2024

Nebraska Supreme Court Establishes New Standards for Public Figure Defamation: Actual Malice and Special Damages Introduction In the landmark case of Janet Palmtag v. The Republican Party of Nebraska...

Clarifying Eligibility Determination Dates for Greenbelt Status: Fountain II, LLC v. Douglas County Board of Equalization

Date: Jan 6, 2024

Clarifying Eligibility Determination Dates for Greenbelt Status: Fountain II, LLC v. Douglas County Board of Equalization Introduction In the landmark case of Fountain II, LLC v. Douglas County Board...

Riparian Boundaries Defined by Original Government Surveys: Analysis of Puncochar v. Rudolf et al.

Date: Jan 6, 2024

Riparian Boundaries Defined by Original Government Surveys: Analysis of Puncochar v. Rudolf et al. Introduction The Supreme Court of Nebraska, in the case of Judith Puncochar v. Jesse D. Rudolf et...

Affirmation of Turner’s Conviction: Waiver of Discovery Rights and Standards for Effective Counsel in Nebraska

Date: Jan 6, 2024

Affirmation of Turner’s Conviction: Waiver of Discovery Rights and Standards for Effective Counsel in Nebraska Introduction In the landmark case of State of Nebraska v. Bernard R. Turner, decided on...

Reaffirming the Rebuttable Nature of Parental Preferences in In Loco Parentis Relationships: Noland v. Yost

Date: Dec 16, 2023

Reaffirming the Rebuttable Nature of Parental Preferences in In Loco Parentis Relationships: Noland v. Yost (315 Neb. 568) Introduction In the case of Brian M. Noland v. Erin N. Yost, the Supreme...

Supreme Court of Nebraska Affirms Trigger Date for Out-of-Home Placement under § 43-292(7)

Date: Dec 9, 2023

Supreme Court of Nebraska Affirms Trigger Date for Out-of-Home Placement under § 43-292(7) Introduction The case of In re Interest of Jessalina M., a child under 18 years of age. v. Samantha M....

Procedural Bar on Competency Claims in Postconviction Relief: State v. Harms

Date: Nov 10, 2023

Procedural Bar on Competency Claims in Postconviction Relief: State of Nebraska v. Nathan V. Harms Introduction State of Nebraska v. Nathan V. Harms (315 Neb. 445, 2023) is a significant decision by...

Affirmation of Death Sentences and Rigorous Scrutiny of Ineffective Assistance Claims: Analysis of State of Nebraska v. Anthony J. Garcia

Date: Sep 9, 2023

Affirmation of Death Sentences and Rigorous Scrutiny of Ineffective Assistance Claims: Analysis of State of Nebraska v. Anthony J. Garcia Introduction In the landmark case of State of Nebraska v....

Plain Error Review Affirmed in Inmate Disciplinary Sanction Case

Date: Jul 22, 2023

Plain Error Review Affirmed in Inmate Disciplinary Sanction Case Introduction The case of Jamar L. Haynes v. Nebraska Department of Correctional Services (314 Neb. 771) presents a significant...

Extending the Automobile Exception to Warrantless Searches on Public Trains

Date: May 6, 2023

Extending the Automobile Exception to Warrantless Searches on Public Trains Introduction In the landmark case of State of Nebraska v. John Vaughn (314 Neb. 167, 2023), the Supreme Court of Nebraska...

Affirmation of Convictions in Postconviction Relief: State v. Cox Establishes Rigorous Standards for Ineffective Assistance Claims

Date: Apr 28, 2023

Affirmation of Convictions in Postconviction Relief: State of Nebraska v. Cox Establishes Rigorous Standards for Ineffective Assistance Claims Introduction State of Nebraska v. Forrest R. Cox III,...

Affirmation of Active Appreciation Rule Application to Agricultural Land in Property Division

Date: Mar 18, 2023

Affirmation of Active Appreciation Rule Application to Agricultural Land in Property Division Introduction Cynthia A. Parde v. Arlan D. Parde is a significant case decided by the Supreme Court of...

Miranda v. State of Nebraska: Affirmation of Sufficiency of Evidence and Standards for Ineffective Assistance of Counsel

Date: Jan 28, 2023

Miranda v. State of Nebraska: Affirmation of Sufficiency of Evidence and Standards for Ineffective Assistance of Counsel Introduction State of Nebraska v. Marlon E. Miranda, Jr. (313 Neb. 358) is a...

Age as a Determinant of Mental Capacity in Juvenile Sexual Assault Cases: Reaffirmation in In re Interest of Gunner B.

Date: Oct 22, 2022

Age as a Determinant of Mental Capacity in Juvenile Sexual Assault Cases: Reaffirmation in In re Interest of Gunner B. Introduction The Supreme Court of Nebraska, in the case of In re Interest of...