INTRODUCTION... In 1993, a jury convicted Ricky R. Davenport of manslaughter, use of a firearm in the commission of a felony, and possession of a firearm by a felon. On direct appeal, we affirmed Davenport's convictions and sentences, and we later affirmed the denial of his motion for postconviction relief. Subsequently, the Nebraska Supreme Court determined in State v. Pruett, 263 Neb. 99, 638 N.W.2d 809 (2002), that a defendant could not be convicted of an intentional crime, such as use of a...  

INTRODUCTION... First National Bank of Omaha (the Bank) sued Edwin E. Eldridge for failing to make payments on a credit card it issued to Eldridge. The county court entered summary judgment in the Bank's favor and overruled Eldridge's motion to alter or vacate the judgment, and the district court affirmed. This appeal focuses on Eldridge's claim that a national bank may not "lend its credit." Because a bank is loaning money when it extends credit via a credit card, we affirm......  

INTRODUCTION... John W. and Lisa W. appeal from an order of the juvenile court for Douglas County, denying them visitation with their children, and an order of the juvenile review panel, affirming the juvenile court's failure to adopt the State's rehabilitation plan to reunite John and Lisa with the children. For the reasons set forth below, we reverse, and remand with directions... ... ... BACKGROUND... On April 30, 2007, the State filed an amended petition, alleging that Sierra W., born...  

NATURE OF CASE... This case presents an appeal from a summary judgment entered against appellant, Jamie Gavin, in a suit involving alleged sexual harassment by Gavin's supervisor. Gavin alleged that the harassment resulted in a hostile work environment and her constructive discharge. In granting the employer's motion for summary judgment, the district court determined that Gavin failed to make a prima facie case that her working conditions were so intolerable that a reasonable person would have...  

I. SUMMARY... A jury convicted Ion Draganescu of possession of a controlled substance with intent to deliver, a Class III felony. Although this appeal presents numerous issues, we believe there are three primary issues. First, did the Nebraska State Patrol have probable cause to initially stop the vehicle in which Draganescu was a passenger? Second, did the State Patrol have probable cause to search the vehicle? Third, was an airline ticket stub, which... ... ... the State Patrol took from...  

Debra Kaye Myhra filed for dissolution of her marriage in the district court for Douglas County. Before trial, her husband, Phillip Jerome Myhra, learned that his employer could merge with another company, which would entitle him to a multimilliondollar bonus. Phillip did not disclose this information to Debra, despite her interrogatory asking him whether he had any interest in any expectations or awards. After Debra rested her case but before a decree had been issued, Debra made a motion to...  

INTRODUCTION... Jeffrey D. Mazza appeals from his conviction and sentence for third degree assault. Mazza asserts error in the trial court's failure to allow introduction of evidence of the victim's propensity for violence and in the trial court's failure to instruct the jury on the defense of property. For the following reasons, we affirm in part, and in part reverse and remand with directions... BACKGROUND... On August 29, 2006, a complaint was filed in the Lancaster County Court charging...  

INTRODUCTION... Antoine L. appeals his adjudication under Neb. Rev. Stat. § 43-247(2) (Cum. Supp. 2006) in the separate juvenile court of Lancaster County. Antoine alleges that there was insufficient evidence to support the juvenile court's determination that he committed the offense of first degree sexual assault against Jessica B. Because we conclude that the evidence is sufficient to establish beyond a reasonable doubt that Antoine subjected Jessica to sexual penetration without her...  

NATURE OF CASE... Kathie Steffen brought this breach of contract claim against Progressive Northern Insurance Company (Progressive), the underinsured motorist carrier for her husband, Jeffrey L. Steffen. Jeffrey was killed when his tractor was struck from the rear by an underinsured motorist. The district court granted Progressive's motion for summary judgment on the grounds that the Progressive policy did not provide for underinsured motorist coverage for operation of a farm tractor and that...  

I. NATURE OF CASE... Paul F. Schreiner was convicted of first degree sexual assault on a child, based on a sexual encounter that had occurred with K.G., a 14-year-old girl, after he gave her a ride home from the Nebraska State Fair.1 Schreiner was also found to have violated an order of probation imposed for two previous convictions of sexual assault of a child.2 In case No. S-07-828, Schreiner appeals from his conviction and sentence for first degree sexual assault. In case No. S-07-829,...  

NATURE OF CASE... This appeal involves a dispute over lien priorities. Mike Borrenpohl, doing business as Borrenpohl Excavating (Borrenpohl), and Steve Bartels, doing business as Bartels Construction (Bartels), filed suit in the district court for Pawnee County against DaBeers Properties, L.L.C. (DaBeers); The Carson National Bank of Auburn (Carson); and the Bank of Bennington (the Bank) to foreclose construction liens Borrenpohl and Bartels had against property owned by DaBeers (the property)...  

INTRODUCTION... Jeffrey Lake Development, Inc., and Midway Wildlife and Recreation Club (collectively the lessees) sought injunctive relief to preclude The Central Nebraska Public Power and Irrigation District (Central) from implementing provisions of a "permit to construct" (PTC) and from implementing a new permitting procedure. The district court entered an order permanently enjoining Central from enforcing only certain paragraphs of the PTC. Because the lessees met their burden of...  

Patrick William Reed (Patrick) appeals and Wendy Jo Drew (Wendy) cross-appeals from the decision of the district court for Seward County that awarded sole custody of the parties' minor children to Wendy but ordered Patrick to pay child support based on a joint custody calculation, ordered Patrick to pay $21,658 in retroactive child support, ordered Patrick to pay $13,916.31 toward Wendy's attorney fees, and ordered Patrick to pay $27,592 in expert witness fees... FACTUAL AND PROCEDURAL...  

I. INTRODUCTION... Gary L. Noordam appeals, and Karen L. Noordam cross-appeals, from an order modifying child support and custody. The numerous issues raised on appeal primarily center on the child support calculation. Although we used different incomes for the parties than the district court used, we find no abuse of discretion in its calculation of support in this high income case. We further conclude that any error by the court in limiting Gary's discovery was harmless. We find no abuse of...  

INTRODUCTION... William Everett Frasier, Jr., appeals from an order of the district court for Douglas County overruling his complaint to modify the decree that dissolved his marriage to Carol Jean Frasier. William argues that the trial court abused its discretion in failing to modify the decree by dividing his remaining retirement funds equally between the parties. For the reasons set forth below, we reverse, and remand with directions... BACKGROUND... This dissolution action involves the...  

NATURE OF CASE... John J. Sturzenegger sued Father Flanagan's Boys' Home (Boys Town) and a former Boys Town teacher based on an alleged instance of sexual abuse that occurred while Sturzenegger was a resident of Boys Town. After a rather contentious trial, a jury rejected Sturzenegger's claims and the district court entered... ... ... judgment against him. Sturzenegger appeals, claiming that the court erred in several rulings during the course of the trial. The primary issue presented in this...  

BACKGROUND... Willow T. Head pled guilty to, and was convicted of, driving under the influence of alcohol (DUI) in the district court for Douglas County. At the enhancement hearing, the State introduced evidence that Head had been convicted of DUI offenses... ... ... on December 6, 1993; February 17, 1995; April 29, 2002; and August 14, 2003. The district court rejected Head's convictions from December 1993 and April 2002. Regarding the former conviction, the court found that principles of...  

I. SUMMARY... Shaun O. Parker, D.D.S., appeals the State's disciplinary action. In November 2006, the director of the Department of Health and Human Services Regulation and Licensure (the Department) revoked Parker's license to practice dentistry. Parker sought review by the district court. The court affirmed the order revoking his license... On appeal, Parker argues that the State denied him procedural due process during the disciplinary procedures. He also contends that the revocation of his...  

FACTUAL BACKGROUND... Crane Sales & Service Co., Inc. (Crane), is in the business of leasing and servicing crane equipment. In the course of this business, Crane, acting as lessor, entered into an equipment rental agreement dated December 10, 2002, with Duncan & Associates Crane Rentals, Inc. (Duncan), named as lessee. Per this agreement, Duncan was required to provide to Crane "an insurance certificate naming Crane... ... ... as addi[ti]onal insured and loss payee." The certificate was...  

INTRODUCTION... Howard Tiller pled guilty to driving under the influence of alcohol (DUI), and after an enhancement hearing determining the offense to be a Class III felony, Tiller was sentenced by the Sarpy County Court to 5 to 15 years' imprisonment. Additionally, Tiller's operator's license was suspended for 15 years. The district court affirmed. Tiller now appeals to this court. As required by Neb. Ct. R. App. P. § 2-111(E)(5)(a), no oral argument is allowed for this appeal......