Nebraska Case Commentaries

Unappealed Juvenile Disposition Case Plans Cannot Be Collaterally Attacked in a Later Termination Appeal

Date: Mar 28, 2026

Unappealed Juvenile Disposition Case Plans Cannot Be Collaterally Attacked in a Later Termination Appeal 1. Introduction In re Interest of Joel T. et al., 321 Neb. 106 (Neb. Mar. 27, 2026),...

Burbank v. Evnen: § 32-624’s 7-Day Objection Deadline Binds All Objectors (Including the Secretary), Creating a Conclusive Presumption of Validity and a Ministerial Certification Duty Enforceable by Mandamus

Date: Mar 26, 2026

§ 32-624’s 7-Day Objection Deadline Binds All Objectors (Including the Secretary), Creating a Conclusive Presumption of Validity and a Ministerial Certification Duty Enforceable by Mandamus...

State v. White (321 Neb. 1): Prospective Waiver Rule Requiring Renewal of Motions to Sever at Close of Evidence

Date: Mar 22, 2026

State v. White (321 Neb. 1): Prospective Waiver Rule Requiring Renewal of Motions to Sever at Close of Evidence I. Introduction In State v. White, the Nebraska Supreme Court affirmed Quan A. White’s...

Prososki v. Regan: Filing Fictitious (Including AI-“Hallucinated”) Authority Warrants Striking the Brief, Dismissing the Appeal, and Disciplinary Referral Under Existing Candor/Competence Rules

Date: Mar 21, 2026

Prososki v. Regan: Filing Fictitious (Including AI-“Hallucinated”) Authority Warrants Striking the Brief, Dismissing the Appeal, and Disciplinary Referral Under Existing Candor/Competence Rules 1....

Inactive Law Enforcement Certification Qualifies a Sheriff Candidate Under § 23-1701.01(1) Absent Statutory Ambiguity

Date: Mar 20, 2026

Inactive Law Enforcement Certification Qualifies a Sheriff Candidate Under § 23-1701.01(1) Absent Statutory Ambiguity Case: Martinez v. Jensen, 320 Neb. 996 (Neb. Mar. 18, 2026) (Cassel, J.)...

Restoration-Cost Damages for Destroyed Trees Are Capped by the Value of the Entire Property—Not Merely the Damaged Portion (Functional Replacement Permitted)

Date: Mar 15, 2026

Restoration-Cost Damages for Destroyed Trees Are Capped by the Value of the Entire Property—Not Merely the Damaged Portion (Functional Replacement Permitted) I. Introduction Helzer Farms, LLC v....

Postdecree Sale of Restricted Stock Units as a Material Change Permitting Child Support Modification; Preclusion Inapplicable Where New Facts Arise

Date: Mar 15, 2026

Postdecree Sale of Restricted Stock Units as a Material Change Permitting Child Support Modification; Preclusion Inapplicable Where New Facts Arise Introduction In Kingston v. Kingston, 320 Neb. 981...

Powers v. Board of Directors of Elmwood Tower (320 Neb. 906): Nonprofit Corporation Is an Indispensable Party in Declaratory Challenges to Board Composition; Board Itself Generally Lacks Capacity to Be Sued

Date: Mar 8, 2026

Nonprofit Corporation Must Be Joined (Not Merely Its Board) in Declaratory Suits Determining the Rightful Directors Case: Powers v. Board of Directors of Elmwood Tower, 320 Neb. 906 (Neb. Mar. 6,...

State v. Damore: “Untenable” as Flexible Shorthand for Abuse-of-Discretion Review in Juvenile-Transfer Appeals

Date: Mar 8, 2026

State v. Damore: “Untenable” as Flexible Shorthand for Abuse-of-Discretion Review in Juvenile-Transfer Appeals I. Introduction In State v. Damore, the Nebraska Supreme Court addressed an increasingly...

State v. Weber: “Refuses to Permit” Under § 60-6,199 Requires Denial of Authorization/Consent—Gratuitous Incorrect Advice Does Not Trigger Suppression

Date: Mar 8, 2026

State v. Weber: “Refuses to Permit” Under § 60-6,199 Requires Denial of Authorization/Consent—Gratuitous Incorrect Advice Does Not Trigger Suppression 1. Introduction In State v. Weber, 320 Neb. 934...

Nebraska Rejects Restatement (Second) of Torts § 766A: No Independent Claim for Making Contract Performance More Burdensome

Date: Feb 28, 2026

Nebraska Rejects Restatement (Second) of Torts § 766A: No Independent Claim for Making Contract Performance More Burdensome I. Introduction Green Plains Trade Group LLC et al. v. Archer Daniels...

In re Estate of Meyers: Appellate Courts May Not Sua Sponte Invalidate Fee Agreements Absent Plain Error; Unassigned Issues Are Forfeited

Date: Feb 28, 2026

In re Estate of Meyers: Appellate Courts May Not Sua Sponte Invalidate Fee Agreements Absent Plain Error; Unassigned Issues Are Forfeited Court: Supreme Court of Nebraska Citation: 320 Neb. 871...

Probationary Reimbursement for Animal-Care Expenses Need Not Be Disclosed at Plea, and Unobjected Sentencing-Condition Errors Are Forfeited

Date: Feb 23, 2026

Probationary Reimbursement for Animal-Care Expenses Need Not Be Disclosed at Plea, and Unobjected Sentencing-Condition Errors Are Forfeited Case: State v. Dale, 320 Neb. 861 (Neb. Feb. 20, 2026)...

Self-Defense Instruction Bar When an Inmate Unjustifiably Places Himself in Harm’s Way by Defying Lawful Orders

Date: Feb 22, 2026

Self-Defense Instruction Bar When an Inmate Unjustifiably Places Himself in Harm’s Way by Defying Lawful Orders I. Introduction In State v. Liech, 320 Neb. 843 (2026), the Nebraska Supreme Court...

WRK v. Wiegert: No Appellate Jurisdiction Manufactured by Dismissal Without Prejudice—Even If Limitations Likely Bars Refiling

Date: Feb 16, 2026

WRK v. Wiegert: No Appellate Jurisdiction Manufactured by Dismissal Without Prejudice—Even If Limitations Likely Bars Refiling 1. Introduction In WRK, L.L.C. v. Zach Wiegert, the Nebraska Supreme...

Executed Writ of Restitution Moots URLTA Eviction Appeals Absent a Live Possession Remedy; Public-Interest Exception Narrowly Applied

Date: Feb 15, 2026

Executed Writ of Restitution Moots URLTA Eviction Appeals Absent a Live Possession Remedy; Public-Interest Exception Narrowly Applied Introduction Saint Joseph Tower Assisted Living v. Royce (320...

Flinn v. Strode: A Two-Part Test for “Serves No Legitimate Purpose” Under Nebraska’s Harassment Statute

Date: Feb 8, 2026

Flinn v. Strode: A Two-Part Test for “Serves No Legitimate Purpose” Under Nebraska’s Harassment Statute Citation: 320 Neb. 813 (Feb. 6, 2026) Court: Supreme Court of Nebraska 1. Introduction In Flinn...

Due Process at Nebraska Juvenile Transfer Hearings: Unsworn Exhibits May Suffice When Reliability Is Shown Through Corroborating Characteristics

Date: Feb 8, 2026

Due Process at Nebraska Juvenile Transfer Hearings: Unsworn Exhibits May Suffice When Reliability Is Shown Through Corroborating Characteristics 1. Introduction In re Interest of Aaden S., 320 Neb....

Simultaneously Filed Separate Verification Satisfies § 29-3001(1) for Nebraska Postconviction Motions (State v. Anthony)

Date: Feb 1, 2026

Simultaneously Filed Separate Verification Satisfies § 29-3001(1) for Nebraska Postconviction Motions Case: State v. Anthony, 320 Neb. 757 (Neb. Jan. 30, 2026) Court: Supreme Court of Nebraska 1....

State v. Jones: The State Must Use § 29-2315.01 Exception Proceedings (Not a Direct Appeal) to Seek Review of Absolute Discharge Orders in Criminal Cases

Date: Feb 1, 2026

State v. Jones: The State Must Use § 29-2315.01 Exception Proceedings (Not a Direct Appeal) to Seek Review of Absolute Discharge Orders in Criminal Cases I. Introduction Case: State v. Jones, 320...