S-11-0093, State v. Michael L. Ross (Appellant)
Douglas County, Judge Patricia Lamberty
Attorneys: Timothy P. Burns and Brenda J. Leuck (Public Defender’s Office) --- Kimberly A. Klein (Attorney General’s Office)
Criminal: Count I: Discharge a firearm at person, dwelling house, building or motor vehicle; Count II: Use of a firearm to commit a felony; and Count III: Possession of a weapon by a prohibited person.
Proceedings below: A jury found Appellant guilty as charged. He was sentenced on Count I to 5 to twenty years’ imprisonment; Count II: five to twenty years and on Count III: three to ten years’ imprisonment. The Court of Appeals reversed and remanded with directions in a memorandum opinion. The State of Nebraska filed a Petition for Further Review which was granted by the Nebraska Supreme Court.
Issues on Review: The Court of Appeals erred in finding insufficient evidence to support the convictions.
S-11-0686, Mike Blakely (Appellant) v. Lancaster County, Nebraska and the Lancaster County Personnel Policy Board
Lancaster County, Judge Robert Otte
Attorneys: Joy Shiffermiller (Shiffermiller Law Office, P.C., L.L.O.) (Appellant) --- Thomas W.
Fox (Deputy Lancaster County Attorney)
Civil: County employment grievance
Proceedings below: The District Court denied Blakely’s petition in error from the decision of the Lancaster County Personnel Policy Board.
Issues: The district court erred in (1) failing to reverse the Personnel Policy Board since the evidence was clear that the grievance should be upheld; (2) failing to find that the decision of the Personnel Policy Board should be reversed for the reason that it was made in violation of the policies of the county and the union contract; (3) finding the matter was moot because the job Appellant applied for was still in existence.
S-11-0530, State v. Euelaunda L. Payne-McCoy (Appellant)
Douglas County, Judge James T. Gleason
Attorneys: Scott C. Sladek (Public Defender) --- Carrie A. Thober (Attorney General’s Office)
Criminal: Possession with intent to deliver; conspiracy
Proceedings below: A jury found Appellant guilty on both counts. She was sentenced on both counts 4 to 8 years in prison, to be served consecutively. Credit was given for time served.
Issues: The district court erred in (1) admitting evidence of other crimes, wrongs, acts under Neb. Rev. Stat. § 27-404 as it was prejudicial rather than probative; (2) refusing to give instructions to the jury on the purpose for which they could consider 404 evidence and on the purpose for which they could consider prior convictions of state witness Douglas Cook; (3) imposing excessive sentences by ordering them to be served consecutively.
S-11-0576, Bradley Green v. Box Butte General Hospital
Box Butte County, Hon. Brian C. Silverman & Hon. Leo P. Dobrovolny
Attorneys: David A. Blagg & Brien M. Welch (Cassem Tierney, Omaha) for Box Butte General Hospital; Robert O. Hippe & Robert J. Pahlke (Robert Pahlke Law Group, Scottsbluff) for Bradley Green
Proceedings Below: The district court granted Green partial summary judgment on breach and causation, and held a bench trial on damages. The court awarded damages as follows: medical expenses of $31,678.18; future medical expenses of $701,334.95; pain and suffering of $450,000; future pain and suffering $2,550,000. The district court then capped damages at $1 million under the Nebraska Political Subdivision Tort Claims Act (PSTCA).
Issues on appeal: The hospital assigns that the court erred in (1) admitting the affidavit of Joyce Black regarding the standard of care; (2) granting summary judgment on breach and causation; (4) awarding excessive damages.
Issue on cross-appeal: Green assigns that the court erred in applying the cap on damages from the PTSCA rather than from the Nebraska Hospital-Medical Liability Act.
S-11-0909, William Sellers (Appellant) v. Reefer Systems, Inc.
Nebraska Workers’ Compensation Court
Attorneys: Joel D. Nelson (Keating O’Gara Nedved & Peter PCLLO) (Appellant) --- Sonya K. Koperski (Leininger Smith Johnson Baack Placzek & Allen)
Civil: Future medical care
Proceedings below: The trial court entered an award including a general award of future medical care for his left knee injury. The defendant appealed to the Review Panel which modified the trial court’s award of future medical care to exclude knee replacement surgery at present as the evidence does not support such a finding. Appellant appeals.
Issues: The review panel erred in modifying the future medical care award so as to exclude the possibility of defendant ever being required to pay for knee replacement surgery.
S-11-0057 State v. Rayshawn C. Abram (Appellant)
Douglas County, Judge Peter C. Bataillon
Attorneys: Michael J. Wilson (Schaefer Shapiro LLP) (Appellant) --- James D. Smith (Attorney General’s Office)
Criminal: Count I: Attempted first degree murder; Count II: Use of a weapon to commit a felony; Count III: criminal conspiracy; Count IV: witness tampering.
Proceedings below: Appellant was found guilty by jury verdict of all charges. He was sentenced as follows: Count I: 40-50 years; Court II: 40 to 50 years; Count III: 20 to 30 years and Count IV: 1 to 5 years. The sentences in Counts I-III were ordered to be served consecutively and the sentence in Count IV was ordered concurrent to the conspiracy sentence (Count III).
Issues: The district court erred in (1) its instruction to the jury as to Instruction No. 17 requiring automatic reversal; (2) if not requiring automatic reversal, such error was so prejudicial and not harmless; (3) admitting evidence of highly prejudicial nature that outweighed its probative value; (4) failing to strike a juror who stated she “hoped” she could be impartial; (5) proceeding with trial despite Appellant’s filing a Petition for Certiorari in the United States Supreme Court thus conferring sole jurisdiction to that court. Appellant also assigns as error ineffective assistance of counsel.
S-11-0933, State of Nebraska ex rel. Jon Bruning, Attorney General of the State of Nebraska (Relator) v. John A. Gale, Secretary of State of the State of Nebraska (Respondent)
Attorneys: Jeffry D. Patterson, Robert F. Bartle (Bartle & Geier Law Firm) (Respondent) --- Dale A. Comer, Lynn A. Melson (Attorney General’s Office for Relator) --- Andre R. Barry (Cline Williams Wright Johnson & Oldfather LLP) (for Amici Curiae Common Cause Nebraska and League of Women Voters of Nebraska)
Civil: Declaratory Judgment; Campaign Finance Limitation Act
Statement of Issues before the Nebraska Supreme Court: Whether the public financing provisions of the Campaign Finance Limitation Act violate free speech provisions of art. I, § 5 of the Nebraska Constitution and the Free Speech Clause of the First Amendment of the U.S. Constitution. Whether the Act is unconstitutional in its entirety as the public financing provisions of the Act are not severable.
S-11-0765, State (Appellant) v. William Parminter (Cross-Appellee)
S-11-0766, State (Appellant) v. William Parminter (Cross-Appellee) (consolidated appeals)
Lancaster County, Judge Robert Otte
Attorneys: Patrick F. Condon (County Attorney’s Office)(Appellant) --- Shawn Elliott (Public Defender’s Office)
Criminal: Plea: DUI (3rd and 4th Offense); excessively lenient sentence
Proceedings below: Appellant entered no contest pleas in each case. He was sentenced on the 3rd offense, 12 to 24 months with credit for 13 days served and a concurrent sentence on the 4th offense of 12 to 18 months with credit for 212 days served.
Issues: The district court erred in imposing excessively lenient sentences.
Cross-Appeal: The trial court erred in failing to grant Appellee credit for time served of 225 days in both A-11-0765 and A-11-0766.
S-10-1043, State v. Victor Vela-Montes (Appellant)
Douglas County, Judge J. Michael Coffey
Attorneys: Daniel R. Stockmann (Dunn & Stockmann LLO) --- Kimberly A. Klein (Attorney General’s Office)
Criminal: Motion for discharge under Neb. Rev. Stat. § 29-1207.
Proceedings below: The trial court overruled Appellant’s motion for discharge finding no violation of speedy trial. The Court of Appeals affirmed as modified. See State v. Vela-Montes, 19 Neb. App. 378 (2011). Appellant filed a Petition for Further Review which was granted by the Nebraska Supreme Court.
Issues on Review: The Nebraska Court of Appeals erred in finding that the district court did not err in denying Appellant’s motion for absolute discharge.