Nebraska Case Commentaries

Supreme Court of Nebraska Affirms Limited Standing for Assignees in First-Party Bad Faith Claims

Date: Oct 15, 2022

Supreme Court of Nebraska Affirms Limited Standing for Assignees in First-Party Bad Faith Claims Introduction In the case of MILLARD GUTTER COMPANY v. SHELTER MUTUAL INSURANCE COMPANY (312 Neb. 606),...

Admissibility of Expert Testimony on 'Grooming' in Child Sexual Assault Cases: Insights from State v. Greer

Date: Sep 3, 2022

Admissibility of Expert Testimony on 'Grooming' in Child Sexual Assault Cases: Insights from State of Nebraska v. Christina M. Greer Introduction State of Nebraska v. Christina M. Greer is a pivotal...

Affirmation of Denial of Postconviction Relief: Procedural Barriers and Ineffective Assistance of Counsel

Date: Aug 27, 2022

Affirmation of Denial of Postconviction Relief: Procedural Barriers and Ineffective Assistance of Counsel Introduction In the case of State of Nebraska v. Tyeric L. Lessley, 312 Neb. 316 (2022), the...

Constructive Trusts Reinforced in Enforcement of Premarital Agreements: Insights from Simons v. Simons

Date: Aug 6, 2022

Constructive Trusts Reinforced in Enforcement of Premarital Agreements: Insights from Simons v. Simons Introduction Simons v. Simons, 312 Neb. 136 (Nebraska Supreme Court, August 5, 2022), serves as...

Affirmation of Evidentiary Standards and Sentencing Discretion in Nebraska: State v. Abligo

Date: Jul 30, 2022

Affirmation of Evidentiary Standards and Sentencing Discretion in Nebraska: State v. Abligo Introduction In State of Nebraska v. Komla Abligo, 312 Neb. 74 (2022), the Supreme Court of Nebraska...

State of Nebraska v. Paul B. Warner: Clarifying Standards for Withdrawing Pleas and Ineffective Assistance of Counsel

Date: Jul 30, 2022

State of Nebraska v. Paul B. Warner: Clarifying Standards for Withdrawing Pleas and Ineffective Assistance of Counsel Introduction In the landmark case State of Nebraska v. Paul B. Warner, 312 Neb....

Affirmation of Exigent Circumstances Exception for Warrantless Blood Draws in DUI Cases

Date: Jul 23, 2022

Affirmation of Exigent Circumstances Exception for Warrantless Blood Draws in DUI Cases Introduction The case of State of Nebraska v. Dustin L. Miller (312 Neb. 17) adjudicated by the Supreme Court...

Limitations on Ineffective Assistance of Counsel Claims Following No Contest Pleas: Nebraska Supreme Court Reaffirms

Date: Jul 16, 2022

Limitations on Ineffective Assistance of Counsel Claims Following No Contest Pleas: Nebraska Supreme Court Reaffirms Introduction The case of State of Nebraska v. Rubin J. Thomas, 311 Neb. 989...

State of Nebraska v. Douglas H. Anders: Affirmation of Conviction and Clarifications on Ineffective Assistance of Counsel

Date: Jul 16, 2022

State of Nebraska v. Douglas H. Anders: Affirmation of Conviction and Clarifications on Ineffective Assistance of Counsel Introduction In the case of State of Nebraska v. Douglas H. Anders, the...

Mandatory Post-Release Supervision Clarified in State v. Roth

Date: Jul 16, 2022

Mandatory Post-Release Supervision Clarified in State of Nebraska v. Derek J. Roth Introduction In the landmark case of State of Nebraska v. Derek J. Roth, 311 Neb. 1007 (2022), the Supreme Court of...

Affirmation of Procedural and Time Bar Limitations in Postconviction Relief: State of Nebraska v. John L. Lotter

Date: Jul 2, 2022

Affirmation of Procedural and Time Bar Limitations in Postconviction Relief: State of Nebraska v. John L. Lotter Introduction The case of State of Nebraska v. John L. Lotter (311 Neb. 878, 2022)...

Affirmation of District Court’s Jurisdiction and Sentencing Discretion in Juvenile-Age Class II Sexual Assault Cases

Date: Apr 23, 2022

Affirmation of District Court’s Jurisdiction and Sentencing Discretion in Juvenile-Age Class II Sexual Assault Cases Introduction State of Nebraska, appellant and cross-appellee v. Patrick M. Pauly,...

Clarifying Habitual Criminal Enhancements and Motion to Suppress Standards under Nebraska's Fourth Amendment Law

Date: Mar 26, 2022

Clarifying Habitual Criminal Enhancements and Motion to Suppress Standards under Nebraska's Fourth Amendment Law Introduction In the landmark case of State of Nebraska v. John A. Drake, decided by...

State v. Jaeger: Affirmation of Strict Standards for Postconviction Relief and Ineffective Assistance of Counsel

Date: Mar 5, 2022

State v. Jaeger: Affirmation of Strict Standards for Postconviction Relief and Ineffective Assistance of Counsel Introduction State of Nebraska v. Roger Jaeger, 311 Neb. 69 (2022), adjudicated by the...

Blake Decision: Clarifying In Forma Pauperis Affidavit Timing and Appellate Jurisdiction

Date: Jan 29, 2022

Blake Decision: Clarifying In Forma Pauperis Affidavit Timing and Appellate Jurisdiction Introduction State of Nebraska v. Brandon L. Blake, 310 Neb. 769 (2022), is a landmark decision by the Supreme...

Ineffective Assistance of Counsel in Postconviction Relief: Analyzing State v. Terrell E. Newman

Date: Dec 4, 2021

Ineffective Assistance of Counsel in Postconviction Relief: Analyzing State v. Terrell E. Newman Introduction State of Nebraska v. Terrell E. Newman is a pivotal case adjudicated by the Supreme Court...

Discretionary Authority of Trial Courts in Appointing Defense Expert Witnesses: Analysis of State of Nebraska v. Wood

Date: Nov 20, 2021

Discretionary Authority of Trial Courts in Appointing Defense Expert Witnesses: Analysis of State of Nebraska v. Wood Introduction State of Nebraska v. Marvin L. Wood (310 Neb. 391, 2021) is a...

Appellate Review of Sentencing Discretion: State of Nebraska v. Natavian Q. Morton

Date: Nov 13, 2021

Appellate Review of Sentencing Discretion: State of Nebraska v. Natavian Q. Morton Introduction The case of State of Nebraska v. Natavian Q. Morton (310 Neb. 355) presents a pivotal examination of...

Affirmation of Marital Property Division and Homestead Allocation in Nebraska Supreme Court – Kauk v. Kauk

Date: Nov 6, 2021

Affirmation of Marital Property Division and Homestead Allocation in Nebraska Supreme Court – Kauk v. Kauk Introduction Marcia A. Kauk, the appellant, appealed a marital dissolution decree that was...

Flexible Valuation Dates and Commingling in Marital Property Division: Insights from Eis v. Eis

Date: Oct 2, 2021

Flexible Valuation Dates and Commingling in Marital Property Division: Insights from Eis v. Eis (310 Neb. 243) Introduction The case of Linda A. Eis v. Donald W. Eis addressed critical issues in...