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

State v. Vela

S-16-0465, State v. Erick F. Vela

Madison County District Court, Honorable James G. Kube

Attorneys: Patrick P. Carney (Carney Law, P.C.)(Appellant) --- Douglas Peterson and James D. Smith (Attorney General’s Office)

Civil: Postconviction

Proceedings below: The district court denied Appellant’s motion for postconviction relief without an evidentiary hearing.

State v. Clifton (20)

S-15-1167, State v. Jaquez Clifton (Appellant)

Douglas County District Court, Judge Gregory M. Schatz

Attorneys: Nathan A. Liss (Attorney General’s Office) --- Thomas C. Riley, Mikki C. Jerabek & Cindy A. Tate (Public Defender’s Office)(Appellant)

Criminal: Murder; use of firearm to commit felony; motion to suppress

Proceedings below: Following a jury trial, Appellant was convicted of 1st degree murder and use of a firearm to commit a felony.

Kohout v. Bennett Construction

S-16-0609, Robert Kohout (Appellant) v. Bennett Construction and The Travelers Indemnity Company

Workers’ Compensation Court, Judge James R. Coe

Attorneys: Julie A. Jorgensen (Morrow Willnauer Klosterman Church) --- Terri M. Anderson and Michael W. Khalili (Hauptman, O’Brian, Wolf & Lathrop, P.C.) (Appellant)

Civil: Compensability of employee’s injury

Proceedings below: The trial court held that Appellee was not the employer of Appellant at the time he was injured and dismissed his petition following a trial.

State v. Ross

S-16-0131, State v. Michael L. Ross (Appellant)

Douglas County, Judge Duane C. Dougherty

Attorneys: Gerald L. Soucie (Appellant) --- Kimberly A. Klein (Attorney General’s Office)

Civil: Postconviction

Proceedings below: The court denied an evidentiary hearing on the allegations in Appellant’s 1st amended motion and denied motions to take depositions. The motion was dismissed.

Waldron v. Roark

A-16-0676, Marilyn Waldron (Appellant) v. Lancaster County Deputy Sheriff J. Roark

Lancaster County, Judge Robert Otte

Attorneys: Vincent Powers (Appellant) --- David A. Derbin, Ryan Mick Swaroff (County Attorney’s Office)

Civil: 42 U.S.C. § 1983; qualified immunity

Proceedings below: The trial court determined that Appellee was entitled to qualified immunity.

Bergmeier v. Bergmeier

S-15-1189, Jay M. Bergmeier v. Nanci B. Bergmeier

District Court of Douglas County, Judge Marlon A. Polk

Attorneys: Aaron F. Smeall (Smith, Slusky, Pohren, & Rogers LLP) (for Appellant Jay Bergmeier) --- Benjamin M. Belmont, Wm. Oliver Jenkins (Brodkey, Peebles, Belmont & Line LLP)

Civil: Dissolution

Proceedings Below: The court dissolved the marriage of the parties and divided the assets and liabilities of the marriage. Alimony was ordered to be paid to Appellee and Appellee was awarded attorney fees.  

State v. Jackson

A-16-0643, State v. Michael T. Jackson (Appellant)

Douglas County, Judge J. Michael Coffey

Attorneys: Jerry M. Hug (Alan Stoler PCLLO) (for Appellant) --- Stacy M. Foust (Attorney General’s Office)

Civil: Postconviction

Proceedings below: The district court denied Jackson’s successive motion for postconviction relief without an evidentiary hearing.

Burns v. Burns

A-16-0491, Michael P. Burns v. Kerry E. Burns (Appellant)

Adams County, Hon. James E. Doyle           

Civil: Jurisdiction in Contempt Proceeding

Attorneys: Robert M. Sullivan (Sullivan Shoemaker P.C., L.L.O.) — Matt Catlett (for Appellant)

Proceedings below: The district court overruled Kerry’s motion to vacate an order that held her in contempt of a prior order and sanctioning her therefor.

Issues: The district court erred in denying Kerry’s motion to vacate as the court’s previous orders are void.


County of Douglas v. Tax Equalization and Review Commission

S-16-0548, County of Douglas (Appellant) v. Tax Equalization and Review Commission

Tax Equalization and Review Commission

Attorneys: Shakil A. Malik (County Attorney’s Office for Appellant) --- L. Jay Bartel (Attorney General’s Office for Appellee TERC) --- Scott P. Moore, Allison D. Balus (Baird Holm LLP) (for Amici Curiae Midwest Housing Equity Group, Inc., and Family Housing Advisory Services, Inc.)

Civil: Equalization and valuation of residential property under Neb. Rev. Stat. § 77-5023 et seq.

Davis v. State

S-16-0355, Johnnie W. Davis [appellant] v. State of Nebraska, Nebraska Department of Correctional Services, Nebraska Attorney General’s Office, Nebraska Board of Parole, Dave Heineman, Jon Bruning, Michael Kenney, Kyle Poppert, George Green, Sharon Lindgreen, Kathy Blut, Esther Casmer, Rex Richard, Miguel A. Gomez, Rosalyn Cotton, and James Pearson

Lancaster County, Honorable Lori A. Maret