Nebraska District Court Judge Leo Dobrovolny of Gering, Nebraska, was invited to sit with the Nebraska Supreme Court on Thursday, March 31, 2022.

Dobrovolny heard arguments in the case of State v. Ellis, S-21-0595. After being convicted of first degree murder, the appellant, Roy Ellis,  seeks post-conviction relief and argues that his trial counsel failed to adequately challenge the DNA evidence that was used to convict him at trial.

He sat in place of Justice John Freudenberg, who was recused from the case. The Court session was held in the Supreme Court Courtroom of the Nebraska State Capitol in Lincoln. Judge Dobrovolny was joined by guest Judge Doyle IV of Lexington on this case who sat in place of Chief Justice Mike Heavican, who was also recused from the case.

Seven justices make up the Nebraska Supreme Court: Chief Justice Mike Heavican and six associate justices. On occasion, a justice must recuse him or herself from a case, and a judge from a district court or the Court of Appeals is asked to sit with the Supreme Court.    

The March 31, 2022, oral arguments can be viewed on the Court’s archive.

Reporters:

• Judicial Profile for Judge Leo Dobrovolny
• Background on the Supreme Court
• Justices of the Nebraska Supreme Court

Screen shot from argument session on Nebraska Public Media:

(L to R) Justice Jonathan Papik, Justice Stephanie Stacy, Justice Lindsey Miller-Lerman, Judge James Doyle IV, Justice William Cassel, Justice Jeff Funke, and Judge Leo Dobrovolny. Arguing before the Court is attorney James Reagan. Recording Court arguments is Nate Dobbs.