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

State v. Mortensen (PFR)

S-12-0454, State v. Randy L. Mortensen (Appellant)

Butler County, Judge Mary C. Gilbride

Attorneys: Stacy M. Foust (Attorney General’s Office) --- Robert J. Bierbower (for Appellant)

Criminal: Motion for Discharge

In re Interest of Violet T.

S-13-0084, In re Interest of Violet T.

Separate Juvenile Court for Douglas County, Judge Douglas F. Johnson

Attorneys: Debra Tighe-Dolan (County Attorney’s Office) (Appellant) --- Kate E. Placzek (for Appellee natural mother Abigail T.)

Civil: Dismissal of petition for lack of subject matter jurisdiction

Proceedings below: The trial court found because the child lived in Iowa, it did not have jurisdiction over the child and dismissed the State’s petition.

In re Interest of Samantha L.

S-13-0264, In re Interest of Samantha L.

Separate Juvenile Court for Douglas County, Judge Vernon Daniels

Attorneys: Matthew P. Saathoff (Saathoff Law Group) (Appellant William H., father) --- Molly Adair-Peterson (for Kelly L., mother) --- Shakil Malik (Deputy County Attorney for the State)

Civil: Change in permanency plan for minor child

Rader v. Speer Auto

S-13-0229, Lorna Rader (Appellant) v. Speer Auto

Workers’ Compensation Court, Judge John Hoffert

Attorneys: Roger D. Moore (Rehm Bennett & Moore PCLLO) (Appellant) – Jon S. Reid (Lamson Dugan & Murray LLP)

Civil: The trial court found that because more than 300 weeks had elapsed after the Appellant had filed her Petition for Modification, the April 10, 2009 Award could not be modified.

ML Manager, LLC v. Jensen

S-12-1147, ML Manager, L.L.C. and SOJ Loan, L.L.C. (Appellant) v. Dale and Vicky Jensen and Pioneer Ventures, L.L.C.

Lancaster County, Judge Stephanie Stacy

Attorneys: Joel Bacon (Keating, O’Gara, Nedved & Peter PCLLO) (Appellant) --- Terry R. Wittler, Gregory S. Frayser (Cline Williams Wright Johnson & Oldfather LLP)

Civil: Garnishment

Tuttle v. Bunge Milling, Inc. (reargument)

S-12-0320, Edward Tuttle (Appellant) v. Bunge Milling Inc.

Nebraska Workers’ Compensation Court, Judge Michael K. High

Attorneys: Jeffry D. Patterson (Bartle & Geier) (Appellant) --- Melvin C. Hansen, Brian C. Hansen (Hansen Lautenbaugh & Buckley LLP) (Appellee)

Civil: Determination of new or recurrence of injury

Jacobitz v. Aurora Cooperation

S-13-0091, John Jacobitz v. Aurora Cooperation (Appellant)

Nebraska Workers’ Compensation Court, Judge Fitzgerald

Attorneys: Jacob M. Steinkemper (Brock Law Offices PCLLO) ---Patrick R. Guinan (Erickson Sederstrom PCLLO) (Appellant)

Civil: Determination of benefits for injured worker

Proceedings below: The trial court found plaintiff’s accident arose out of the scope and course of his employment.


State v. Elseman (20)

S-12-1077, State v. Ryan M. Elseman (Appellant)

Douglas County, Judge J. Michael Coffey

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

Criminal: First degree murder; use of a weapon to commit a felony

Proceedings below: A jury found Appellant guilty of both counts. He was sentenced to life in prison for the murder charge with a consecutive sentence of 25-30 years for the weapons charge.

State v. Fox

S-13-0408, State v. Matthew Fox (Appellant)

Lancaster County, Judge Robert Otte

Attorneys: George R. Love (Attorney General’s Office) --- Pro Se Appellant

Civil: Postconviction

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

Peterson v. Homesite Indemnity Company

S-12-0875, Dowayne Peterson (Appellant) v. Homesite Indemnity Company

Sarpy County, Judge Max J. Kelch

Attorneys: Ralph A. Froelich (Locher Pavelka Dostal Braddy & Hammes) (Appellant) --- Thomas A. Grennan, Andrew J. Wilson (Gross & Welch PCLLO)

Civil: Insurance contract interpretation; breach of contract