Omaha Judge Molly Keane Sits with Supreme Court on Two Cases

Omaha Judge Molly Keane Sits with Supreme Court on Two Cases

Wednesday, February 7, 2024

Nebraska District Court Judge Molly B. Keane from Omaha, Nebraska, was invited to sit with the Nebraska Supreme Court on February 7, 2024.

Keane heard arguments in the case of S-23-0282, Nore Electric, Inc. v. ICMS, Inc.  In this construction lien case and upon cross-motions for summary judgment, the district court found that the liens attached to the property, ordered the liens to be foreclosed, and awarded prejudgment interest to numerous contractors.  On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.  Keane sat in place of Justice Jonathan Papik, who was recused from the case.

During the same argument session, she also heard arguments in the case of S-23-0356, State of Nebraska v. Melvin Lear.  In this appeal, the State charged Appellant with distribution of a controlled substance, so he filed a Motion to Discharge his criminal charges for violating his right to a speedy trial, which the district court overruled.  This case was also transferred to the Supreme Court on its own motion.  In the Lear arguments, Keane sat in place of Justice John Freudenberg, who was 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 February 7, 2024, oral arguments can be viewed on the Court’s archive.

Reporters:

Screenshot from argument session on Nebraska Public Media:

(L to R) Judge Molly Keane, Justice Stephanie Stacy, Justice Lindsey Miller-Lerman, Chief Justice Mike Heavican, Justice William Cassel, Justice Jeff Funke, and Justice John Freudenberg. Arguing before the Court is attorney Richard Garden. Recording Court arguments is Allyson Stewart.