I. INTRODUCTION... Pursuant to this court's authority under Neb. Ct. R. of App. P. § 2-111(E)(5)(b), these cases were ordered submitted without oral argument. Jamie L. Davis appeals the sentences imposed on him by the district court for Cuming County, Nebraska, for one count of kidnapping and two counts of first degree sexual assault on a child, and the sentence imposed on him by the district court of Seward County, Nebraska, for one count of first degree sexual assault on a child. Davis...  

INTRODUCTION... Michael R. Zabawa appeals the order of the Nebraska Tax Equalization and Review Commission (TERC) which upheld the decision of the Douglas County Board of Equalization (the Board) denying his property tax protest. Despite finding Zabawa's property "highly comparable" to one afforded a substantial reduction in value through the protest process, TERC concluded that the Board had no duty to equalize the valuations of comparable properties where both valuations were...  

INTRODUCTION... Ryan M. Curtis appeals from an order of the district court for Richardson County, which granted Ryonee S. Curtis'... ... ... application to remove their child from Nebraska to Missouri. Because Ryonee has failed to show that she has a legitimate reason to move, we reverse the district court's order granting removal... BACKGROUND... On December 20, 2006, the district court entered a decree dissolving the parties' marriage. The parties were granted joint legal custody of their...  

INTRODUCTION... The district court dissolved the marriage between Cherlyn Ann Rassette and James E. Rassette, determined whether property was marital or nonmarital, and divided the marital estate. On appeal, James challenges the court's determination and division of the marital estate. We affirm the court's decree as modified... BACKGROUND... Cherlyn was previously married to John Horne, and they adopted two children. They built a house upon a 10-acre tract of land. Horne died in 1980. In the...  

I. INTRODUCTION... Christopher A. Heslep appeals his conviction of possession of child pornography, contending that the evidence was insufficient to support his conviction and that he received ineffective assistance of counsel. For the reasons set forth herein, we affirm... II. STATEMENT OF FACTS... While at a hotel in Sarpy County, Nebraska, Heslep allowed a 17-year-old hotel guest and a hotel employee, Kurt Voorhees, into his hotel room. During that time, Voorhees and the hotel guest observed...  

INTRODUCTION... The district court determined that Justin Cartier's statements should be suppressed as being involuntarily made. The State of Nebraska, under Neb. Rev. Stat. § 29-116 (Cum. Supp. 2006), seeks summary review. Because I conclude that the district court's factual findings are not clearly erroneous, I affirm its decision... BACKGROUND... The State charged Cartier with kidnapping, assault in the first degree, and criminal conspiracy. Deputies with the Nemaha County sheriff's...  

INTRODUCTION... Alecia M. Hausmann appeals from a district court order affirming the judgment of the county court sentencing Hausmann for minor in possession of alcohol. However, before entering the order affirming the county court's decision on the merits, the district court entered an order dismissing the appeal. Hausmann then filed a motion to vacate the order of dismissal, which the district court granted by docket entry. Because a district court, upon making a final order while sitting as...  

I. INTRODUCTION... Kelli M. Groetken appeals an order of the district court for Dakota County, Nebraska, dissolving her marriage to Randall L. Groetken. On appeal, Kelli challenges the court's distribution of property and denial of attorney fees. Kelli asserts that the court erred in setting off the marital home as Randall's separate nonmarital property, in failing to give her credit for alleged premarital assets and contributions to the marriage, and in dividing the marital debt. We find no...  

Beverly Neth, the director of the Department of Motor Vehicles (Director), appeals from the district court for Scottsbluff County reversing the order of the Director that revoked Jeffrey Wilhelm's operator's license for the statutory period of 90 days. The administrative license revocation was dismissed, and Wilhelm's operator's license was reinstated by the district court, although the order does not contain any rationale for the decision. The Director timely appealed the ruling of the...  

Reyes Burger and Steven Burger were married in El Paso, Texas, on January 22, 1987, and at the time of the marriage, Reyes was an 18-year-old, non-English speaking Mexican national. Steven was then a 30-year-old railroad employee. They lived in Alliance, Nebraska, where Steven works as a conductor/trainman for the Burlington Northern Santa Fe Railroad (BNSF), and as of the time of trial, he had 33 years of service. Although Reyes worked sporadically prior to the parties' separation in late...  

I. INTRODUCTION... Mitchell D. appeals an order of the juvenile court review panel, which order reversed an order of the separate juvenile court disapproving of the plan proposed by the Department of Health and Human Services (DHHS). On appeal, Mitchell asserts that the review panel erred in reversing the juvenile court's disapproval of the proposed plan. Mitchell failed to present any evidence to rebut the preference given to DHHS' proposed plan. Mitchell failed to prove by a preponderance of...  

INTRODUCTION... This matter is before us on John R. Schnell's motion to withdraw his appeal, the State's objection to the motion, and on the merits of the appeal. We determine that an appellant is not always entitled to dismiss his or her appeal as a matter of right, and we overrule Schnell's motion. Because we find plain error in the sentences imposed by the district court—done consistently with the court's similarly incorrect advisement regarding the penalty consequences of Schnell's...  

Following a jury trial in the district court for Jefferson County, Roger K. Schmidt, Sr., was convicted of one count of first degree sexual assault on a child and four counts of sexual assault of a child. The Nebraska Court of Appeals affirmed his conviction,1 and we granted his petition for further review. We now affirm the judgment of the Court of Appeals affirming Schmidt's convictions and sentences... I. BACKGROUND... 1. DISTRICT COURT PROCEEDINGS... Two of the three alleged female victims...  

I. INTRODUCTION... David V. Chebatoris, special administrator for the estate of Sharon L. Moyer (Moyer), appeals the decision of the district court for Otoe County, Nebraska. The underlying dispute arose over Moyer's creation of a revocable trust. The special administrator alleged that Moyer had not properly transferred ownership of her real and personal property to the trust and that the property should instead be considered part of the intestate estate. The district court determined that the...  

INTRODUCTION... A Nebraska corporation and its officers, agents, and employees filed an action in the district court, seeking review of an adverse decision by the Nebraska Department of Banking and Finance (the Department) and seeking declaratory judgment. We find statutory authority supporting the Department's refusal to transmit the official record of the proceeding before it received payment for the cost of the record from the party seeking judicial review. Because the corporation never paid...  

I. INTRODUCTION... Timothy F. Tolliver appeals the decision of the district court for Douglas County denying his request for DNA testing under the DNA Testing Act, see Neb. Rev. Stat. §§ 29-4116 through 29-4125 (Cum. Supp. 2006 & Supp. 2007). For the reasons set forth herein, we affirm the decision of the district court... II. STATEMENT OF FACTS... In 2003, Tolliver was charged with first degree murder in the death of Richard Rice. Following a jury trial, Tolliver was convicted of...  

INTRODUCTION... Marilyn M. Bihuniak; Thomas J. Wilson; E. Ardelle Green, trustee of the Robert L. Green and E. Ardelle Green Family... ... ... Revocable Trust dated February 8, 1982; and Thomas H. Pratt, Jr. (collectively appellants), brought an action against Roberta Corrigan Farm, a limited partnership; Roberta Corrigan, trustee of the LeRoy Corrigan Trust; and Menard, Inc., also known as Menard Cashway Lumber, a Wisconsin corporation (collectively appellees), seeking money damages and...  

INTRODUCTION... Suzanne M. Voller and Make It Personal, Inc., appeal the district court's disqualification of their attorney, Christopher Perrone. The court disqualified Perrone pursuant to Neb. Ct. R. of Prof. Cond. § 3-503.7 upon determining that his testimony was necessary and finding no exception to disqualification. Perrone had previously advised Voller and Claire E. Beckenhauer regarding the formation of a business entity that is the subject of this dispute. We conclude that Perrone...  

INTRODUCTION... This is an adoption proceeding in which Brandon H., the husband of Kristina H., sought to adopt Rylee R., Kristina's biological daughter. Ryan R., Rylee's biological father, appeals from an order of the county court for Douglas County, allowing Brandon to adopt Rylee. On appeal, Ryan argues that the trial court erred in terminating his parental rights on the basis of abandonment, failing to appoint a guardian ad litem to act on Rylee's behalf as required by Nebraska law, and...  

INTRODUCTION... Pursuant to this court's authority under Neb. Ct. R. App. P. § 2-111(B)(1), this case was ordered submitted without oral argument. Brand Hydraulics Co., Inc. (BHC), and The Hartford Insurance Company (collectively the appellants) appeal from an order of the review panel of the Nebraska Workers' Compensation Court, which affirmed the trial court's award of disability benefits to Kathy Smith for injuries she sustained while employed by BHC in separate accidents in January...