Nebraska District Court Judge Horacio J. Wheelock of Omaha, Nebraska, was invited to sit with the Nebraska Supreme Court on September 28, 2022.

Wheelock heard arguments in the case of S-20-871, Joseph J. Buttercase v. James Martin Davis and Davis Law Office, Revived in the names of the Representatives and Successor of the Estate of James Martin Davis. In that case, the Appellant hired James Martin Davis to represent him on a criminal matter.  After negotiating a plea deal, Davis withdrew because the Appellant refused to accept the deal.  The Appellant sued Davis, and the trial court dismissed his case.  On appeal and on its own motion, the Nebraska Supreme Court ordered this case be removed from the Nebraska Court of Appeals docket and transferred it to its docket. 

Judge Wheelock sat in place of the Chief Justice, who was recused from the case, while District Judge Ryan Post of Lincoln sat in place of Justice Lindsey Miller-Lerman. 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.    

September 28, 2022, oral arguments can be viewed on the Court’s archive.

Reporters:

• Judicial Profile for Judge Horacio J. Wheelock
• Background on the Supreme Court
• Justices of the Nebraska Supreme Court

Screenshot from argument session on Nebraska Public Media:

(L to R) Justice Jonathan Papik, Justice Stephanie Stacy, Judge Ryan Post, Judge Horacio Wheelock, Justice William Cassel, Justice Jeff Funke, and Justice John Freudenberg. Recording Court arguments is Allyson Stewart.