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Lincoln

Court of Appeals Courtroom, State Capitol Building, Lincoln, Nebraska

Stewart v. Department of Revenue

S-15-0700 Brenton R. Stewart & Mary M. Stewart (Appellants) v. Nebraska Department of Revenue, an agency of the State of Nebraska, and Leonard J. Sloup, in his official capacity as the Acting Tax Commissioner

Lancaster County District Court, Judge Jeffre Cheuvront

Attorneys: Tracy A. Oldemeyer & Andre R. Barry (Cline Williams Wright Johnson & Oldfather, LLP) (Appellants) --- L. Jay Bartel (Attorney General’s Office)

Civil:  Nebraska Special Capital Gains Tax Exclusion

State v. Chauncey (20)

S-15-0405 State v. Dustin Chauncy (Appellant)

Scotts Bluff County District Court, Judge Leo P. Dobrovolny

Attorneys: Todd W. Lancaster (Nebraska Commission on Public Advocacy (Appellant) --- Stacy M. Foust (Attorney General’s Office)

Criminal: Child abuse resulting in death

Proceedings below:  Following a jury trial, Appellant was convicted and sentenced to 80 years to life imprisonment.

State v. DuBray

S-15-1032 State v. Dominick L. Dubray (Appellant)

Box Butte County, Judge Travis P. O’Gorman

Attorneys: Self Represented Appellant --- Stacy M. Foust (Attorney General’s Office)

Civil: Postconviction

Proceedings below: The court sustained the State’s motion to dismiss and denied Appellant postconviction relief without an evidentiary hearing.

Strode v. City of Ashland, Nebraska

S-15-0956 Randy Strode and Helen Strode (Appellants) v. City of Ashland, Nebraska and Saunders County, Nebraska

Saunders County District Court, Hon. Mary C. Gilbride

Attorneys: Terry K. Barber, for appellants. Mark A. Fahleson and Sheila A. Bentzen (Rembolt Ludtke), for appellee City of Ashland. Duke Drouillard, for appellee Saunders County.

Civil: Inverse condemnation

Proceedings Below: Court dismissed or entered summary judgment against the plaintiffs’ claims.

In re Interest of Sloane O.

S-15-1137 In re Interest of Sloane O.

Separate Juvenile Court for Douglas County, Judge Douglas Johnson

Attorneys: Anthony Clowe (County Attorney’s Office) --- Karen S. Nelson (Carlson & Burnett LLP) (Appellant, Sabrina O., mother)

Civil: Placement

Birkett v. State

S-15-0778 Jill Birkett and Travis Birkett, Individually and as Parent and Next Friend of B.B., a minor child (Appellants) v. State of Nebraska and the Nebraska Department of Health and Human Services

Gage County, Judge Paul W. Korslund

Attorneys: Jeffrey A. Wagner, Ryan P. Watson (Schirber & Wagner LLP) (Appellants) --- David A. Lopez, Bijan Koohmaraie (Attorney General’s Office)

Civil: Nebraska State Tort Claims Act; exceptions to sovereign immunity

State v. Mitchell (PFR)

S-15-0086 State v. Travis T. Mitchell (Appellant)

Lancaster County, Judge John Colborn

Attorneys: Nathan J. Sohriakoff (Public Defender’s Office) (Appellant) --- Melissa R. Vincent (Attorney General’s Office)

Criminal: DUI, Refusal to submit to a chemical test, 4th offense, driving during revocation

State v. Cornwell

S-15-1040 State v. Chancey Cornwell (Appellant)

Lancaster County, Judge John Colborn

Attorneys: David J. Tarrell (Appellant) --- Nathan A. Liss (Attorney General’s Office)

Criminal: DUI - refusal to submit to a chemical test, two prior convictions

Proceedings below: The district court denied Appellant’s motion to quash.  Following a jury trial, Appellant was found guilty and sentenced 2 to 5 and 15 years of license revocation.

Amory v. City of Lincoln

S-15-0846 Dawn Amory (Appellant) v. City of Lincoln

District Court of Lancaster County, Hon. Andrew Jacobsen

Civil: Sovereign Immunity & Negligence

Attorneys: Cameron E. Guenzel (Johnson, Flodman, Guenzel, & Widger)—Jocelyn Walsh Golden (City Attorney’s Office)

In re Interest of Alec S. (PFR)

S-15-0658 In re Interest of Alec S.

Douglas County Separate Juvenile Court, Judge Christopher Kelly

Attorneys: Matthew R. Kahler (Finley & Kahler Law Firm, P.C., L.L.O.) (Appellant) --- Anthony Hernandez & Jocelyn Brasher, Senior Certified Law Clerk (County Attorney’s Office)

Civil: Termination

Proceedings below:  Following a bench trial, Appellant was convicted and sentenced to 18 to 30 years. The Court of Appeals reversed and remanded. Appellant filed a Petition for Further Review which was granted by the Nebraska Supreme Court.

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