I. INTRODUCTION... Roger Yant, Brian Von Seggern, and Jerry Christensen (collectively appellants) appeal the decision of the Lancaster County District Court denying their request for a declaratory judgment declaring 2008 Neb. Laws, L.B. 1116 (LB 1116), unconstitutional. Appellants claim that LB 1116, which provided for the relocation of the Nebraska State Fair from Lincoln, Nebraska, to Fonner Park in Grand Island, Nebraska, is special legislation, and hence unconstitutional and void. We affirm...  

I. NATURE OF CASE... William E. Smith appeals his conviction for possession of a controlled substance with intent to deliver. Smith argues that the district court erred in denying his motion to suppress evidence of illegal drugs that was discovered in his pocket during a pat-down search outside a nightclub. There are two issues presented in this appeal: whether the evidence obtained was the product of a search within the meaning of the Fourth Amendment and, if so, whether the search was...  

I. INTRODUCTION... Lawrence A. McGarity appeals the sentences imposed by the district court for Douglas County, Nebraska, upon McGarity's pleas to possession with intent to deliver crack and leaving the scene of the accident charges. The only assignment of error is that the sentences imposed were excessive, although McGarity presents argument concerning the district court's denial of a motion to continue the sentencing hearing. Because we find that the court's denial of the motion to continue...  

Jaime V. Murillo appeals the order of the district court for Dakota County denying his motion for a new trial. Pursuant to Neb. Ct. R. App. P. § 2-111(B)(1) (rev. 2008), this case is submitted without oral argument. For the reasons set forth herein, we affirm... FACTUAL AND PROCEDURAL BACKGROUND... Murillo is L.E.'s uncle. In 1998, the victim, L.E., alleged that Murillo had sexually abused her from 1995 until 1998. The State filed charges against Murillo, but such were dismissed, for...  

I. INTRODUCTION... Rodney Johnson appeals an order of the district court for Douglas County, Nebraska, following his conviction on a charge of theft by deception, over $1,500. On appeal, Johnson asserts that the district court erred in not receiving certain exhibits into evidence and in finding sufficient evidence to support the conviction. We find no merit to Johnson's assertions on appeal, and we affirm. Pursuant to this court's authority under Neb. Ct. R. App. P. § 2-111(B)(1) (rev....  

I. INTRODUCTION... Arlo W. Remmen, an individual, and Ashland Salvage, Inc., a Nebraska corporation (collectively Appellants), appeal an order of the district court for Saunders County, Nebraska, imposing civil penalties against them for a violation of the Integrated Solid Waste Management Act by improper disposal of tires on their property. On appeal, Appellants challenge the civil penalties imposed and the court's finding that the corporate entity should be disregarded and the penalties...  

NATURE OF CASE... This proceeding was instituted under the provisions of Neb. Rev. Stat. § 71-6901 et seq. (Reissue 2009) by petitioner, who will be 18 years old in less than 2 months, seeking authorization for her physician to perform an abortion without prior notification to a parent or guardian. The district court denied her request, and pursuant to the expedited procedures outlined in § 71-6904, she appeals to this court... The issue in this case is not whether petitioner can...  

NATURE OF THE CASE... On June 30, 2009, the separate juvenile court of Douglas County terminated Yolanda A.'s parental rights to her four children, Sir Messiah T., also known as Sir Messiah M.; Mirage T., also known as Mirage M.; Carlieon T.; and Crystasia T., under Neb. Rev. Stat. § 43-292(2) and (6) (Reissue 2008). Section 43-292(2) generally provides for termination of parental rights when the parent has neglected and refused to give the necessary care to the juvenile or a sibling of...  

Lyle and Margaret Fries were married in 1991. At the time of marriage, Lyle owned three parcels of land (the Properties). In 1993, Margaret executed quitclaim deeds on the Properties in favor of Lyle. Lyle then conveyed the Properties to his children from a previous marriage. After Lyle died, Margaret chose to take an elective share of his augmented estate. The issue in this case is whether the value of the Properties should be part of Lyle's augmented estate. We conclude that there is a...  

INTRODUCTION... Victoria A. appeals from an order of the juvenile court for Lancaster County adjudicating her minor child, Antonio A., Jr. (Antonio Jr.), as lacking proper parental care. On appeal, Victoria contends that the juvenile court erred in adjudicating Antonio Jr. under Neb. Rev. Stat. § 43-247(3)(a) (Reissue 2008). For the reasons set forth below, we affirm... BACKGROUND... Victoria is the mother of Bianca H., born in February 2003; Eternity H., born in December 2004; Justice H.,...  

INTRODUCTION... Victoria A. appeals from an order of the juvenile court for Lancaster County terminating her parental rights to her daughters, Bianca H. and Eternity H. On appeal, Victoria contends that the juvenile court erred in terminating her parental rights and in finding that the termination of her rights is in her children's best interests. For the reasons set forth below, we affirm... BACKGROUND... Bianca was born in February 2003. Eternity was born in December 2004. Bianca and Eternity...  

INTRODUCTION... Antonio H. and Victoria A. appeal and cross-appeal, respectively, from an order of the separate juvenile court for Lancaster County, adjudicating their minor child, Justice H., as a juvenile within the meaning of Neb. Rev. Stat. § 43-247(3)(a) (Reissue 2008), and terminating their parental rights to Justice. For the reasons set forth herein, we affirm... BACKGROUND... Antonio and Victoria are the parents of Justice, born in November 2007. Antonio and Victoria have three...  

INTRODUCTION... David H. appeals from an order of the separate juvenile court for Lancaster county, adjudicating his minor children as juveniles under Neb. Rev. Stat. § 43-247(3)(a) (Reissue 2008). This is the second appearance of the case before this court. We reversed a previous adjudication order and remanded for further proceedings because the initial pleadings did not contain the requisite allegations under Nebraska's Indian Child Welfare Act (ICWA). See In re Interest of Shayla H. et...  

INTRODUCTION... Dolores Bordeaux appeals from the orders of the Nebraska Workers' Compensation Court review panel affirming the decision of the trial court and overruling her motion to modify the order of affirmance on review. For the reasons set forth below, we affirm the judgment of the review panel. Pursuant to this court's authority under Neb. Ct. R. App. P. § 2-111(B)(1) (rev. 2008), this case was ordered submitted without oral argument... STATEMENT OF FACTS... Bordeaux filed a...  

Daniel S. Albrecht appeals his convictions and sentences for two driving under the influence (DUI) offenses. Because the convictions and sentences result from guilty pleas, we do not hear oral argument on this case. See Neb. Ct. R. App. P. § 2-111(E)(5)(a) (rev. 2008). Albrecht seeks to have us address the effect of a statute, Neb. Rev. Stat. § 60-6,197.09 (Cum. Supp. 2008), that makes a defendant ineligible for probation if he or she is "participating in criminal proceedings"...  

I. INTRODUCTION... This is an appeal from the estate proceeding of Paul G. Everhart (Paul), deceased. E. Arlene Loveless (Arlene) filed a request for a homestead allowance and a family allowance. In her request, she alleged that she was Paul's surviving spouse. Paul's daughter, Charlotte Clark (Charlotte), was appointed as personal representative of the estate. Charlotte objected to Arlene's request for the statutory allowances on the ground that the marriage between Paul and Arlene was void...  

NATURE OF THE CASE... This appeal involves three separate lawsuits brought by homeowners, appellees, who built homes in an area near a... ... ... tributary of the Cardwell Branch stream and experienced flooding in their homes. The lawsuits were consolidated by the district court for Lancaster County. Numerous parties named as defendants settled prior to trial, leaving the City of Lincoln, appellant, as the sole defendant at trial. Appellees claimed that the city was negligent when it did not...  

SUMMARY... This is Terrence K. Gorup's second appeal from his conviction and sentence for possession of a controlled substance, methamphetamine. In State v. Gorup (Gorup I),1 Gorup argued that the court erred in failing to suppress evidence because his consent was an exploitation of a prior illegal search. We vacated his conviction and sentence and remanded the cause for the court to consider two issues: (1) whether the search-incident-to-arrest exception to the warrant requirement applied; and...  

INTRODUCTION... Geneo J. appeals from an order of the separate juvenile court of Lancaster County, adjudicating his minor child, Emma J., as a juvenile within the meaning of Neb. Rev. Stat. § 43-247(3)(a) (Reissue 2008) and placing her outside of the home... STATEMENT OF FACTS... Procedural History... On May 20, 2009, the State filed a petition alleging that Emma was a child within the meaning of § 43-247(3)(a) by reason that Emma lacked proper parental care by reason of the... ......  

INTRODUCTION... Deandre D. Sanders appeals from his conviction and sentence for two counts of second degree assault and one count of use of a weapon to commit a felony, following his entry of guilty pleas. Because we find that the district court did not abuse its discretion in denying Sanders' motion to transfer the case to juvenile court or in the sentence imposed, we affirm... BACKGROUND... On November 25, 2008, an information was filed in district court charging Sanders with two counts of...