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

State v. Schanaman

S-12-0808, State v. David Schanaman (Appellant)

Kimball County, Judge Derek C. Weimer

Attorneys: Todd Morten (Island & Huff PCLLO) (appellant) --- Melissa Vincent (Attorney General’s Office)

Criminal: Plea: Motion to withdraw plea

Proceedings below: The trial court denied Appellant’s motion to withdraw plea. The district court affirmed.

Krings v. Garfield County Board of Equalization

S-12-0623, Ladd D. Krings v. Garfield County Board of Equalization

Tax Equalization and Review Commission

Attorneys: Jonathan D. Cannon (Special Assistant Attorney General for Douglas A. Ewald, Tax Commissioner and Ruth Sorensen, Property Tax Administrator) (Appellants) --- no briefs filed on behalf of Petitioner or Garfield County

Civil: Valuation of certain real property in Garfield County, Nebraska.

State v. Pangborn

S-12-0941, State v. Matthew Pangborn (Appellant)

Gage County, Judge Paul Korslund

Attorneys: Brett McAuthur (Appellant) --- George R. Love (Attorney General’s Office)

Criminal: Abuse of a Vulnerable Adult (4 counts); Attempted Abuse of a Vulnerable Adult (1 count); Strangulation (3 counts); Attempted Strangulation (one count).

Proceedings below: Appellant was found guilty of all the crimes alleged. He was sentenced to a total of 15 to 23 years in prison.

Braunger Foods, LLC v. Sears (PFR)

S-11-1109, Braunger Foods, LLC f/n/a TOBA of Iowa, LLC d/b/a Braunger Foods (Appellant) v. Michael K. Sears and Hungry’s North, Inc.

Dakota County, Judge Paul J. Vaughan

Attorneys: Anthony L. Osborn, Jeana L. Goosmann (Appellant) --- Pro Se Appellee

Civil: Enforcement of personal guaranty

Centurion Stone of Nebraska v. Whelan

S-12-1022, Centurion Stone of Nebraska (Appellant) v. Lawrence and Jane Whelan (Appellee)

Douglas County, Judge Thomas A. Otepka

Attorneys: Lawrence G. Whelan (Whelan Law Office) and Dana C. Bradford III (Bradford and Coenen) (Appellant); Joseph J. Skudlarek

Civil: Damages

State v. Phelps

A-12-1021, State v. David C. Phelps (Appellant)

Madison County, Judge James G. Kube

Attorneys: Melissa A. Wentling (Public Defender) (Appellant) --- James D. Smith (Attorney General’s Office)

Civil: Postconviction

Proceedings below: The district court denied Appellant’s request for appointment of counsel and an evidentiary hearing on his motion for postconviction relief.

Micheal E. obo Avalyn J. v. Health and Human Services

S-12-0812, Micheal E. individually and on behalf of Avalyn J. (Appellant) v. State of Nebraska, Department of Health and Human Services, Joshua McDougall, Sara Jelinek, Kim Hubbard, Lesa Kechley, Susan Larson, Kim Zueter, Individually and in their official capacities

Douglas County, Judge Joseph S. Troia

Attorneys: Amy Sherman (Sherman & Gilner PCLLO) (Appellant) --- John M. Baker (Special Assistant Attorney General)

State v. Voter

S-12-0867, State v. Carlin Voter, Jr.

Platte County, Judge Robert Steinke

Attorneys: James C. Stecker (Appellant) --- George R. Love (Attorney General’s Office)

Criminal: Count I: Sexual assault; Count IV: First degree sexual assault and Count V: Incest

Fitzgerald v. Fitzgerald

S-12-1049, Timothy E. Fitzgerald v. Camille M. Fitzgerald n/k/a Camille M. Fangmeier (Appellant)

Thayer County, Judge Vicky Johnson

Attorneys: Nancy S. Johnson (Conway Pauley & Johnson PC) (Appellant) --- Scott Grafton (Svehla Thomas & Rauert PCLLO) (Appellee/Cross-Appellant)

Civil: Modification of custody

State v. Smith

S-12-0966, State v. Samuel Q. Smith (Appellant)


Douglas County, Judge Duane Dougherty


Attorneys: Pro Se Appellant --- Kimberly Klein, Attorney General’s Office

Civil: Smith appeals from the district court’s dismissal of his petition for postconviction relief under the new one-year statute of limitations under Neb. Rev. Stat. § 29-3001(4)(e).