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

Carney v. Miller

S-12‑1138, Jeanette Carney v. Jacquelyn Miller (Appellant)

Lancaster County, Judge Steven Burns

Attorneys:  John Jelkin (Attorney General’s Office for Appellant) – Elaine Waggoner

Civil: 42 U.S.C. § 1983; qualified immunity from suit; statute of limitations

Proceedings below:  Plaintiff filed suit against Appellnat in her personal capacity for violation of plaintiff’s civil rights. Appellant filed a motion for summary judgment asserting qualified immunity. The district court denied Appellant’s summary judgment motion.

State v. Phillips (20)

S-12-0711, State v. Tyrese Phillips (Appellant)

Douglas County, Judge Thomas A. Otepka

Attorneys: Thomas C. Riley (Public Defender) --- Erin Tangeman (Attorney General’s Office)

Criminal: 2nd degree murder, use of a deadly weapon to commit a felony

Proceedings below: A jury found Appellant guilty of both crimes. He was sentenced 50 to 60 years for 2nd degree murder with a consecutive 25 to 30 year sentence for use of a weapon.

Butler County School District 12-0502 v. Freeholder Petition of Jansa

S-13-0123, Butler County School District 12-0502, a/k/a East Butler Public School District, a political subdivision of the State of Nebraska (Appellant) v. Freeholders Petitions 1-10: Fern Jansa, Linda L. Semrad, Joyce A. Kucera and William F. Semrad; Roland and Adelyne Koranda and Janet Koranda; Lawrence J. Mach and Margaret A. Mach and Marvin V. Woita and Adelyne Woita; Darwin L. Vermeline and Sharon J. Mermeline, Co-Trustees; Mark A. and Julia A. Urban, Raymond Urban, Jr. and Ruby A. Urban; Leon W. Vermeline and Patty A. Vermeline; Eugene T. Kros and Millie Kros, Donald R.

State v. Muhannad

S-13-0042, State v. Wa’il M. Muhannad (Appellant)

Douglas County, Judge Gary B. Randall

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

Criminal: Plea in Bar

Proceedings below: The court granted Appellant’s motion for mistrial. However, it denied Appellant’s plea in bar based on Double Jeopardy principles.

Strasburg v. Union Pacific Railroad Company

S-12-0999, Shawn Strasburg v. Union Pacific Railroad Company, A Corporation (Appellant)

Douglas County, Judge Marlon A. Polk

Attorneys: William Kvas and Richard L. Dinsmore (Appellee) --- Gary J. Nedved, Joel Bacon (Keating O’Gara Nedved & Peter PCLLO) (Appellant)

Civil: Federal Employers’ Liability Act, employee injury

Proceedings below: A jury returned a verdict in favor of Strasburg in the sum of $1,032,375.43. Appellant filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

State v. Tucker

S-12-0985, State v. Willie E. Tucker (Appellant)

Douglas County, Judge W. Russell Bowie

Attorneys: Pro Se Appellant --- Stacy M. Foust (Attorney General’s Office)

Civil: Postconviction/ Life Sentence

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

Issues: The district court erred in dismissing his motion for postconviction relief as untimely.

State v. Ely (20)

S-12-1228, State v. Nicholas J. Ely (Appellant)

Douglas County, Judge J. Michael Coffey

Attorneys: George R. Love (Attorney General’s Office) --- Mary C. Gryva (Frank & Gryva PCLLO) (for Appellant)

Criminal: First Degree Murder; Use of a Weapon to Commit a Felony

Proceedings below: A jury found Appellant guilty of the above crimes. He was sentenced to life without parole for First Degree Murder with a consecutive sentence of 5 to 5 years for Use of a Weapon.

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Logemann v. Valgora

A-12-0845, Darrell Logemann v. Reginald Valgora (Appellant)

Douglas  County, District Court Judge Leigh Ann Retelsdorf

Attorney for Appellant:  Joseph L. Howard (Schaefer Shapiro, LLP)

Attorney for Appellee:  Howard L. Neuhaus (Howard L. Neuhaus PC LLO)

Civil Action:  Breach of Contract

Action Taken by Trial Court:  The district court affirmed the order of the county court, which entered judgment in favor of appellee and ordered appellant to pay appellee $9,000 in damages.

Spracklin v. Spracklin

A-12-0834, Faye Spracklin (Appellant) v. Gordon E. Spracklin, Personal Representative of the Estate of Eugene G. Spracklin, Deceased

Douglas County, District Court Judge Kimberly M. Pankonin

Attorney for Appellant:  Ralph E. Peppard (Peppard Law Office)

Attorney for Appellee:  Thomas A. Grennan, Abbie M. Schuman (Gross & Welch, PC, LLO)

Civil Action:  Negligence