Nebraska Case Commentaries

Enhancing Protections under ICWA: Clear and Convincing Evidence for Active Efforts in Terminating Parental Rights

Date: Jan 19, 2008

Enhancing Protections under ICWA: Clear and Convincing Evidence for Active Efforts in Terminating Parental Rights Introduction In the landmark case of In re Interest of Walter W., the Supreme Court...

Reaffirming Convictions: The McCulloch Decision and Its Implications on Double Jeopardy and Effective Counsel

Date: Dec 15, 2007

Reaffirming Convictions: The McCulloch Decision and Its Implications on Double Jeopardy and Effective Counsel Introduction In the landmark case State of Nebraska v. Robert D. McCulloch, 274 Neb. 636...

Jurisdiction Over Offenses in Indian Country Under Public Law 280 Affirmed

Date: Oct 27, 2007

Jurisdiction Over Offenses in Indian Country Under Public Law 280 Affirmed Introduction The Supreme Court of Nebraska's decision in State of Nebraska v. Elroy L. Wabashaw, 274 Neb. 394 (2007),...

Tadros v. City of Omaha: Establishing Standards for Pedestrian Signal Timing and Comparative Negligence

Date: Mar 26, 2005

Tadros v. City of Omaha: Establishing Standards for Pedestrian Signal Timing and Comparative Negligence Introduction In the landmark case of Georgett Tadros v. City of Omaha, the Supreme Court of...

Enhanced Standards for Terminating Parental Rights Under §43-292(7): In Re Interest of Aaron D. v. Lorena D.

Date: Jan 29, 2005

Enhanced Standards for Terminating Parental Rights Under §43-292(7): In Re Interest of Aaron D. v. Lorena D. Introduction The case of In Re Interest of Aaron D., a Child Under 18 Years of Age...

Enforcement of Cooperation Agreements in Criminal Prosecutions: State v. Wacker Establishes Equitable Obligations

Date: Nov 6, 2004

Enforcement of Cooperation Agreements in Criminal Prosecutions: State v. Wacker Establishes Equitable Obligations Introduction The case of State of Nebraska v. David R. Wacker addresses the...

Equitable Division of Marital Property and Income Attribution in Divorce Proceedings: Gangwish v. Gangwish

Date: Apr 30, 2004

Equitable Division of Marital Property and Income Attribution in Divorce Proceedings: Gangwish v. Gangwish Introduction Gangwish v. Gangwish is a landmark decision by the Supreme Court of Nebraska...

Nebraska Supreme Court Clarifies Indigency Standards in Divorce Proceedings

Date: Mar 20, 2004

Nebraska Supreme Court Clarifies Indigency Standards in Divorce Proceedings Introduction The case of Katrina Louise Mathews v. Mark Winslow Mathews addressed several critical issues arising from the...

Procedural Bar on Successive Postconviction Relief Motions: Insights from STATE v. ORTIZ

Date: Nov 8, 2003

Procedural Bar on Successive Postconviction Relief Motions: Insights from STATE v. ORTIZ Introduction State of Nebraska v. Lawrence J. Ortiz (266 Neb. 959, 2003) is a pivotal case addressing the...

Dividing Future Nondisability Military Pensions in Divorce: Insights from Gayliene Marie Longo v. Dean Jay Longo

Date: Jun 21, 2003

Dividing Future Nondisability Military Pensions in Divorce: Insights from Gayliene Marie Longo v. Dean Jay Longo Introduction The case of Gayliene Marie Longo v. Dean Jay Longo (266 Neb. 171)...

Limitations on Declaratory Judgments in Criminal Law: Hall v. State of Nebraska

Date: Jun 22, 2002

Limitations on Declaratory Judgments in Criminal Law: Hall v. State of Nebraska Introduction The case of James Thomas Hall v. State of Nebraska involves multiple appeals concerning declaratory...

Mandamus as a Remedy for Statutory Overreach in Election District Redistricting

Date: Apr 11, 2002

Mandamus as a Remedy for Statutory Overreach in Election District Redistricting Introduction The case of State of Nebraska ex rel. Steinke and Langan v. Scott A. Lautenbaugh addresses critical issues...

Judicial Impartiality and Recusal Standards in Family Law: Gibilisco v. Gibilisco

Date: Jan 19, 2002

Judicial Impartiality and Recusal Standards in Family Law: Gibilisco v. Gibilisco Introduction The case Gibilisco v. Gibilisco, 263 Neb. 27 (2002), adjudicated by the Supreme Court of Nebraska,...

Prohibition of Conditional Custody Orders and Proper Custodial Assumptions: Insights from Vogel v. Vogel

Date: Jan 12, 2002

Prohibition of Conditional Custody Orders and Proper Custodial Assumptions: Insights from Vogel v. Vogel Introduction Vogel v. Vogel, 262 Neb. 1030 (2002), is a pivotal case adjudicated by the...

Adoption of Daubert Standards in Nebraska: A Landmark Decision in Schafersman v. Agland Coop

Date: Jul 21, 2001

Adoption of Daubert Standards in Nebraska: A Landmark Decision in Schafersman v. Agland Coop Introduction The case of John Schafersman and Eileen Schafersman v. Agland Coop represents a pivotal...

Nebraska Supreme Court Establishes Procedural Nature of Attorney Fees in Contract Actions

Date: May 12, 2001

Nebraska Supreme Court Establishes Procedural Nature of Attorney Fees in Contract Actions Introduction The case of Nebraska Nutrients, Inc. et al. v. Wyman Shepherd and Leo Corbet revolves around a...

Legislative Intent Supports Separate Weapon Charges in Single Felony: Analysis of State v. Decker

Date: Mar 10, 2001

Legislative Intent Supports Separate Weapon Charges in Single Felony: Analysis of State v. Decker Introduction State of Nebraska, Appellee v. Christopher Scott Decker, Appellant is a notable case...

Equitable Division of Marital Assets in Divorce: Insights from Robin Aleta Harris v. Terry Francis Harris

Date: Jan 20, 2001

Equitable Division of Marital Assets in Divorce: Insights from Robin Aleta Harris v. Terry Francis Harris Introduction The case of Robin Aleta Harris v. Terry Francis Harris (261 Neb. 75),...

Establishing Judicial Boundaries: Standing in Vagueness Challenges and Appellate Jurisdiction in State v. Debra Beyer

Date: Nov 10, 2000

Establishing Judicial Boundaries: Standing in Vagueness Challenges and Appellate Jurisdiction in State v. Debra Beyer Introduction State of Nebraska, Appellee v. Debra Beyer, Appellant, 260 Neb. 670...

Inclusion of Family Business Stock in Marital Estate: Heald v. Heald

Date: Jun 3, 2000

Inclusion of Family Business Stock in Marital Estate: Heald v. Heald Introduction Heald v. Heald is a pivotal case adjudicated by the Supreme Court of Nebraska on June 2, 2000. The dispute centers...