497 N.W.2d 688 JOHN A. SHAW, APPELLANT, v. THE WESTERN SUGAR COMPANY, APPELLEE. No. A-90-485.Nebraska Court of Appeals. Filed December 15, 1992. 1. Actions. It is the policy of the law to give a litigant full opportunity to present its contentions. Page 390 2. Directed Verdict: Evidence. A trial court should direct a verdict as […]
Category: Court Opinions
MARCUS v. HUFFMAN, 187 Neb. 798 (1972)
194 N.W.2d 221 MARY CORNELIA MARCUS, APPELLANT, v. MR. AND MRS. JAMES D. HUFFMAN, APPELLEES. No. 37995.Supreme Court of Nebraska. Filed February 10, 1972. 1. Parent and Child: Infants. The custody of a minor child is to be determined by the best interests of the child, with due regard for the superior rights of fit, […]
STATE v. GREEN, 236 Neb. 33 (1990)
458 N.W.2d 472 STATE OF NEBRASKA, APPELLEE, v. PATRICK J. GREEN, APPELLANT. No. 89-658.Supreme Court of Nebraska. Filed August 3, 1990. 1. Constitutional Law: Right to Counsel. An accused has a sixth amendment right to conduct his own defense, provided that he knowingly and intelligently forgoes his right to counsel and he is able and […]
STATE v. GRAFF, 282 Neb. 746 (2011)
STATE OF NEBRASKA, APPELLEE, v. TERRY JAY GRAFF, APPELLANT. No. S-11-158.Supreme Court of Nebraska. Filed November 18, 2011. 1. Courts: Appeal and Error. The district court and higher appellate courts generally review appeals from the county court for error appearing on the record. 2. Statutes: Appeal and Error. Statutory interpretation presents a question of law, […]
STATE v. POE, 271 Neb. 858 (2006)
717 N.W.2d 463 STATE OF NEBRASKA, APPELLEE, v. STANLEY POE, ALSO KNOWN AS STANLEY A. POE, APPELLANT. No. S-05-235.Supreme Court of Nebraska. Filed June 23, 2006. 1. Motions to Dismiss: DNA Testing: Appeal and Error. A motion to dismiss an action under the DNA Testing Act, Neb. Rev. Stat. §§ 29-4116 through 29-4125 (Supp. 2001), […]
STATE v. SHATTO, 193 Neb. 600 (1975)
228 N.W.2d 295 STATE OF NEBRASKA, APPELLEE, v. MICHAEL D. SHATTO, APPELLANT. No. 39781.Supreme Court of Nebraska. Filed April 24, 1975. Appeal from the District Court for Sarpy County: RONALD E. REAGAN, Judge. Affirmed. E. Dean Hascall, for appellant. Paul L. Douglas, Attorney General, and Steven C. Smith, for appellee. Heard before WHITE, C.J., SPENCER, […]
HANCOCK v. PARKS, 172 Neb. 442 (1961)
110 N.W.2d 69 JOHN V. HANCOCK, DOING BUSINESS AS JOHN HANCOCK CONSTRUCTION COMPANY, APPELLEE, v. LESLIE PARKS, APPELLANT. No. 34952.Supreme Court of Nebraska. Filed June 30, 1961. 1. Appeal and Error. For an error at law occurring at the trial to be considered by this court, the alleged error must be properly presented to the […]
STATE v. FROMKIN, 174 Neb. 849 (1963)
120 N.W.2d 25 STATE OF NEBRASKA, APPELLANT, v. M. ROBERT FROMKIN, APPELLEE. No. 35300.Supreme Court of Nebraska. Filed March 1, 1963. 1. Criminal Law. If an accused is brought to trial within the statutory time after indictment or information, and such trial Page 850 results in a mistrial from disagreement of the jury, accused can, […]
STATE v. LOVEJOY, 240 Neb. 802 (1992)
484 N.W.2d 451 STATE OF NEBRASKA, APPELLEE, v. JONATHAN W. LOVEJOY, APPELLANT. No. S-91-270.Supreme Court of Nebraska. Filed May 29, 1992. Constitutional Law: Double Jeopardy: Proof. Neither the Double Jeopardy Clause of U.S. Const. amend. V nor the language of Neb. Const. art. 1, § 12, prohibits a subsequent prosecution where all the elements of […]
STATE v. WHITED, 187 Neb. 592 (1971)
193 N.W.2d 268 STATE OF NEBRASKA, APPELLEE, v. ROBERT EUGENE WHITED, APPELLANT. No. 38063.Supreme Court of Nebraska. Filed December 23, 1971. 1. Post Conviction: Constitutional Law. In the absence of a violation or infringement of a constitutional right, no relief may be had under the Post Conviction Act. 2. Right by Counsel: Criminal Law. The […]