HuskerBlawgs

• Nebraska Supreme Court upholds bench trial conviction ...

  Nebraska Supreme Court upholds bench trial conviction for unintentional manslaughter Neb. Rev. Stat. § 28-305 (Reissue 2008) while also finding the Defendant guilty of intentional use of a weapon to commit a felony (section 28-1205 RRS Neb). State v. Tucker, S-08-623, 278 Neb. 935 . Defendant was charged with [...]
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  Posted: November 22, 2009, 9:52am EST
  by stan_sipple

• Nebraska Supreme Court allows testimony of police ...

  Nebraska Supreme Court allows testimony of police officer who was certified as a "drug recognition expert" (DRE) that defendant was too impaired from marijuana to drive over defendants Daubert objection. State v. Daly, S-08-192, 278 Neb. 903. "Although (research on the validity of DRE evaluations has) not always published in" [...]
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  Posted: November 22, 2009, 9:38am EST
  by stan_sipple

• Order of the Kneepads Update: Nebraska Supreme ...

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  Order of the Kneepads Update: Nebraska Supreme Court suspends for six months attorney who neglected child custody matter, failed to refund unearned fees, had been privately reprimanded in the past for neglecting cases, and failed to timely respond to the Counsel for Discipline inquiries. State ex rel. Counsel for Dis. [...]
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  Posted: November 14, 2009, 10:09am EST
  by stan_sipple

• Nebraska Supreme Court upholds Internet enticement law ...

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  Nebraska Supreme Court upholds Internet enticement law and rejects defendant's challenge to Section § 28-320.02 RRS Neb. on equal protection, free speech, over breadth and vagueness grounds. State v. Rung, S-08-878, 278 Neb. 855 "Defendant appeals his conviction for use of a computer to entice a child or'" [...]
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  Posted: November 14, 2009, 9:52am EST
  by stan_sipple

• Case overruled: Nebraska Supreme Court allows Defendant ...

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  Case overruled: Nebraska Supreme Court allows Defendant facing retrial after a trial court ordered a deadlocked jury mistrial to file a plea in bar motion to contest whether double jeopardy would bar the retrial. Although the court should have had counsel and the defendant present while declaring the mistrial, the [...]
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  Posted: November 07, 2009, 10:34am EST
  by stan_sipple

• Used car dealers now must inspect even ...

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  Used car dealers now must inspect even "as-is" cars for sale for "patent" safety defects. Wilke v. Woodhouse Ford, S-08-807, 278 Neb. 800 The Nebraska Supreme Court holds "patent" defects the responsibility of the dealer, such as steering and brakes, but in this case the defect was the loose [...]
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  Posted: November 07, 2009, 10:23am EST
  by stan_sipple

• Laid off Pamida worker drops her

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  Laid off Pamida worker drops her WARN act suit. Journalstar.com A woman who sued an Omaha-based regional retailer arguing she and others weren't properly notified before being laid off has dropped her legal fight. Cynthia Zych sued Pamida Stores Operating Co. in April. Her lawsuit alleged the company violated' [...]
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  Posted: November 01, 2009, 9:25am EST
  by stan_sipple

• Bankruptcy sale of former Husker lineman's trophies ...

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  Bankruptcy sale of former Husker lineman's trophies nets $28,500. Journal star.com. "A court-ordered auction of former Nebraska football player Aaron Taylor's championship hardware has brought in $28,500. It took about 30 minutes to sell Taylor's seven championship rings and his Outland Trophy on Saturday morning in Scottsbluff. Bids were'" [...]
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  Posted: November 01, 2009, 9:21am EST
  by stan_sipple

• Nebraska Supreme Court allows award for loss ...

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  Nebraska Supreme Court allows award for loss of earning power to injured truck driver who had previously received Social Security Disability Income benefits but returned to work under the Social Security Administration "Ticket to Work" program. Manchester v. Drivers Mgmt., S-09-062, 278 Neb. 776 Because Plaintiff had an earning power [...]
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  Posted: November 01, 2009, 9:07am EST
  by stan_sipple