Nebraska District Court Judge Michael A. Smith of Plattsmouth, Nebraska, was invited to sit with the Nebraska Supreme Court on November 3, 2022.

Smith heard arguments in the case of Konrad Sinu and Lidia Szurlej v. Concordia University, which is docketed in the Supreme Court at S-21-959.  In that case, the Appellant was a student athlete who received a sports scholarship to play soccer at Concordia University.  Appellant and his mother signed a Liability Waiver and Release to use Concordia’s sports center that released Concordia from liability for injuries that Appellant may receive that are inherent in sports.  While participating in mandatory, off-season soccer strength and conditioning, Appellant received injuries to his eyes when a resistance band was not properly secured.  Concordia University requested a summary judgment, which was granted and resulted in the lawsuit being dismissed.  On appeal, the Nebraska Supreme Court ordered that this case be transferred to its docket.  Smith sat in place of Justice John R. Freudenberg, who was recused from this case. 

Smith also heard arguments in the case of State of Nebraska v. Neland T. Gray, Jr., which is docketed in the Supreme Court at S-22-192.  Pursuant to a plea agreement, Appellant was convicted of second degree murder and use of a deadly weapon to commit a felony.  Appellant received a life sentence for the second degree murder conviction and a prison sentence of twenty-five (25) to thirty-five (35) for the use of a deadly weapon conviction. Life imprisonment cases are automatic appeals to the Nebraska Supreme Court, and on direct appeal, Appellant’s convictions and sentences were affirmed at State v. Gray, 307 Neb. 418, 949 N.W.2d 320 (2020).  Subsequent to his direct appeal, Appellant sought postconviction relief alleging ineffective assistance of counsel, which the district court overruled without an evidentiary hearing, and he now appeals.  Smith sat in place of Justice Miller-Lerman, who was recused from this case.

The Court session was held in the Supreme Court Courtroom of the Nebraska State Capitol in Lincoln.

Seven justices make up the Nebraska Supreme Court: Chief Justice Michael G. 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 November 3, 2022, oral arguments can be viewed on the Court’s archive.

Reporters:

• Judicial Profile for Judge Michael A. Smith
• 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, Judge Michael Smith, Chief Justice Mike Heavican, Justice William Cassel, Justice Jeff Funke, and Justice John Freudenberg. Recording Court arguments is Allyson Stewart.