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Lincoln

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

State v. Buttercase

S-16-0114, State v. Joseph J. Buttercase (Appellant)

Gage County District Court, Hon. Paul Korslund

Attorneys: George R Love (Attorney General’s Office) --- Joseph J. Buttercase (Pro se Appellant)

Civil: Seized property

Proceedings Below: The district court denied Appellant’s motion for return of seized property.

Issues: The district court erred in dismissing the Appellant’s motion for return of seized property.

 

Medicine Creek, LLC v. Middle Republican Natural Resources District

S-16-0209 Medicine Creek, LLC (Cross-Appellant) v. Middle Republican NRD (Appellant)

Frontier County, Judge David W. Urbom

Attorneys: Jon S. Schroeder (Schroeder & Schroeder, P.C.) — Stephen D. Mossman (Mattson Ricketts Law Firm)

Civil: Request for a variance

Proceedings Below: The district court reversed Appellant’s denial of the variance and directed Appellant to grant the request for the variance.

In re Conservatorship of Trobough

S-16-0605) and S-16-0633) In re Conservatorship of Marie J. Trobough, a protected person, Lorraine Bain, Personal Representative of the Estate of Marie J. Trobough (Appellant) v. Lynne Timmerman Fees, Special Conservator, and Gloria Clippinger, an interested party

Douglas County, Judge Darryl R. Lowe

Marshall v. Marshall (PFR)

S-15-0035 Amy Marshall (Appellee) v. Brian Marshall (Appellant)

Douglas County District Court, Judge Thomas A. Otepka

Attorneys: Donald A. Roberts & Justin A. Roberts (Lustgarten & Roberts, P.C.) (Appellee) --- Anthony W. Liakos (Govier & Milone, L.L.P.)(Appellant)

Civil: Dissolution

County of Franklin v. Tax Equalization and Review Commission

S-16-0554, The County of Franklin (Appellant) v. The Tax Equalization and Review Commission

Tax Equalization and Review Commission

Attorneys: Henry C. Schenker (Franklin County Attorney for Appellant) --- L. Jay Bartel (Attorney General’s Office)

Civil: assessment of grassland in Franklin County

Proceedings below: The Commission increased the assessed valuation of the grassland in Franklin County by 8 percent.

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.

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