Justia Civil Rights Opinion Summaries

The Supreme Court affirmed the judgment of the district court overruling Appellant's second motion for discharge on statutory speedy trial grounds, holding that a defendant can permanently waive his or her statutory speedy trial rights even if he or she does not pursue an appeal.Appellant was charged with a crime and filed a motion for discharge on statutory speedy trial grounds. The district court overruled the motion, and Appellant did not appeal. Appellant subsequently filed a second motion for discharge. The district court overruled the motion, concluding that, by filing her first motion, Appellant permanently waived her statutory speedy trial rights. The Supreme Court affirmed, holding that a defendant permanently waives her speedy trial rights when an ultimately unsuccessful motion for discharge results in the continuance of a timely trial to a date outside of the statutory six-month period, calculated on the date the motion for discharge was filed. View "State v. Riessland" on Justia Law

The Supreme Court affirmed the order of the district court overruling Defendant's motion for absolute discharge, in which Defendant alleged violations of his constitutional and statutory rights to a speedy trial, holding that the district court did not err.On appeal from the denial of his motion for discharge, Defendant argued that the district court erred when it concluded that continuances ordered by the court in response to the COVID-19 pandemic were for good cause and therefore should be excluded from the calculation of the time for bringing him to trial. The Supreme Court affirmed, holding that neither Defendant's statutory nor his federal or state constitutional right to a speedy trial was violated under the circumstances of this case. View "State v. Brown" on Justia Law

The Supreme Court affirmed the judgment of the district court denying Defendant's motion to dismiss with prejudice or for absolute discharge based on late disclosures of discovery information resulting in delays Defendant argued implicated his speedy trial rights and denying Defendant's motion to suppress, holding that there was no error.On appeal, Defendant argued that the district court erred when it denied his motion to suppress the fruits of the search of his residence, two cell phones taken from his person incident to his unlawful arrest, information obtained from a search of the contents of his two cell phones, cell records and cell site location information from the cell phone service providers. Defendant also challenged the denial of his motion to dismiss and motion for complete discharge. The Supreme Court affirmed, holding that there was no merit to Defendant's assignments of error. View "State v. Short" on Justia Law

The Supreme Court affirmed the order of the district court overruling Defendant's motion for postconviction relief, holding that Defendant failed to prove that he suffered prejudice under Strickland v. Washington, 466 U.S. 668 (1984).After a second trial, Defendant was convicted of three counts of first degree murder and related crimes. In his pro se motion for postconviction relief, Defendant argued that he received ineffective assistance of counsel by his counsel's failure to call impeachment witnesses. The district court denied the motion without holding an evidentiary hearing. The Supreme Court affirmed, holding that Defendant failed to assert an ineffective assistance of counsel claim that warranted an evidentiary hearing. View "State v. Britt" on Justia Law

The Supreme Court affirmed the judgment of the district court dismissing Plaintiff's complaint seeking a declaration that Walnut Grove Hillside Condominium Regime No. 3, Inc. refused a reasonable accommodation under the federal Fair Housing Act and the Nebraska Fair Housing Act (collectively, FHA), holding that there was no error in the district court's decision.Plaintiff owned a condominium unit with the Walnut Grove subdivision. Plaintiff made a request to Walnut Grove to construct a fence through part of the common area behind her condominium for the purpose of allowing her daughter's emotional support dogs to safely spend time outside. Walnut Grove denied the request. Plaintiff then brought this complaint for declaratory judgment. The Supreme Court affirmed, holding that Plaintiff failed to meet her burden of proving that construction of the fence was necessary, and therefore, her claim for refusal of a reasonable accommodation under the FHA failed. View "Guenther v. Walnut Grove Hillside Condominium Regime No. 3, Inc." on Justia Law

The Supreme Court affirmed Defendant's convictions and sentences for conspiracy to distribute a controlled substance and for aiding and abetting a robbery, holding that the district court did not violate Defendant's right to confrontation when it allowed a witness to testify via two-way interactive video.The Supreme Court affirmed Defendant's convictions, holding that the district court did not err when it (1) overruled Defendant's confrontation objection to the testimony of the witness at issue, who had tested positive for COVID-19 and was experiencing symptoms; (2) determined that the foundation was sufficient to admit the witness's testimony regarding his translation of Spanish words spoken by Defendant; (3) admitted certain Facebook messages; and (4) sentenced Defendant. Lastly, there was sufficient evidence to support Defendant's convictions. View "State v. Comacho" on Justia Law

The Supreme Court affirmed the judgment of the district court dissolving the marriage of Daniel Cornwell and Melanie Cornwell, holding that the district court did not err in using the immediate offset method of valuation to value the martial portion of Daniel's pension.Both parties appealed in this case. Daniel argued that the district court erred in using the immediate offset method to value his pension. On cross-appeal, Melanie argued that the district court erred in not awarding her attorney fees and costs. The Supreme Court affirmed, holding that the district court (1) did not abuse its discretion by using the immediate offset method of valuation and to accordingly value and divide the estate; and (2) did not err in not awarding Melanie attorney fees and costs. View "Cornwell v. Cornwell" on Justia Law

The Supreme Court affirmed Defendant's convictions of first degree murder and use of a firearm to commit a felony, holding that the trial court did not commit reversible error or abuse its discretion.Specifically, the Supreme Court held that the district court (1) applied the correct standard and did not abuse its discretion in denying Defendant's motions for appointment of successor trial counsel and by denying counsel's motion to withdraw; (2) did not abuse its discretion by denying Defendant's request to obtain his own physical copies of discovery material; (3) did not abuse its discretion in discharging an African-American juror; (4) did not err by allowing the State to present a portion of its case in chief in Defendant's absence; and (5) Defendant was not entitled to relief on his remaining assignments of error. View "State v. Figures" on Justia Law

The Supreme Court reversed the judgment of the county court determining that it lacked authority to permit adoption by a same-sex married couple, holding that the plain language of Neb. Rev. Stat. 43-101 permits a same-sex married couple to adopt a minor child.Kelly and Maria filed a petition to adopt Yasmin. The county court denied the request, determining that it did not have the authority to permit adoption by a "wife and wife." The Supreme Court reversed, holding that the county court erred in determining that it lacked jurisdiction to permit a same-sex married couple to adopt a child. View "In re Adoption of Yasmin S." on Justia Law

The Supreme Court affirmed the order of the district court denying Defendant's pro se motion for postconviction relief without holding an evidentiary hearing, holding that Defendant's claims were all either procedurally barred, based upon mere conclusions of fact and law, or refuted by the trial record.Defendant was convicted of first degree murder and other offenses. In his pro se motion for postconviction relief, Defendant argued (1) law enforcement extracted information from his cell phone before the crime occurred and unlawfully searched the phone before obtaining a warrant, (2) the State committed a Brady violation, (3) there were various acts of prosecutorial misconduct committed during trial, and (4) both trial counsel and appellate counsel were ineffective. The Supreme Court affirmed the district court's denial of postconviction relief, holding that there was no merit to Defendant's assignments of error. View "State v. Stelly" on Justia Law