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State v. Kelly

A-12-0218, State of Nebraska v. William J. Kelly (Appellant)

Cedar County, District Court Judge Paul J. Vaughn

Attorney for Appellant:  Michael J. Wilson (Schaefer Shapiro, LLP)

Attorney for Appellee:  Jon Bruning, Stacy M. Foust (Attorney General’s Office)

Criminal Action:  First degree sexual assault, incest

Action Taken by Trial Court:  The jury found Kelly guilty of two counts of first degree sexual assault and two counts of incest.

Jacobson v. Shresta

A-11-0438, Michael L. Jacobson, Special Administrator of the Estate of Virginia A. Jacobson, deceased,  and Myron J. Jacobson (Apellants) v. Sherry K. Shrestha & Gaston Cornu-Labat

Sheridan County District Court, Judge Brian Silverman

Attorney for Appellant: Christopher Welsh (Welsh & Welsh, P.C., L.L.O.

Attorney for Appellee: Mark A. Christensen, Tracy A. Oldemeyer, Cristin McGarry Berkhausen (Cline, Williams, Wright, Johnson & Oldfather)

Civil Action: Medical malpractice

Oettinger v. Hiatt

A-12-0468, Mark Oettinger and Mendy Oettinger v. Irvin P. Hiatt and Vivian M. Hiatt, husband and wife (Appellants)

Lincoln County, County Court Judge Michael E. Piccolo

Attorney for Appellant:  Terrance O. Waite, Patrick M Heng (Waite, McWha & Heng)

Attorney for Appellee:  David W. Pederson (Pederson Law Office)

Civil Action:  Breach of implied warranty of workmanlike performance

Action Taken by Trial Court:  The trial court awarded damages to the Oettingers for a breach of an implied warranty.

Lang v. Forbes

A-12-0847, Catherine D. Lang, Commission of Labor (Appellant) v. Shauna Forbes

Hall County District Court, Judge William T. Wright

Attorney for Appellant: John J. Albin, Thomas A. Ukinski

Attorney for Appellee: L. William Kelly

Civil Action: Overpayment of unemployment insurance benefits

Action taken by the trial court: The district court affirmed the finding of the appeal tribunal holding that Forbes had been overpayed $461 in unemployment benefits, rather than $1,308 as alleged by Lang.

Klingelhoefer v. Parker, Grossart, Bahensky & Beucke, L.L.P.

A-12-0477, Donald Klingelhoefer (Appellant) v. Parker, Grossart, Bahensky & Beucke, L.L.P.

Buffalo County, District Court Judge John P. Icenogle

Attorney for Appellant:  David J. Lanphier (Broom, Clarkson, Lanphier & Yamamoto)

Attorney for Appellee:  Anne Marie O’Brien (Lamson, Dugan and Murray, LLP)

Civil Action:  professional malpractice

Action Taken by Trial Court:  The trial court granted defendant’s motion for summary judgment.

Strode v. Saunders County Board of Equalization

S-12-0911, S-12-0912, S-12-0913, S-12-0914), Randy and Helen Strode (Petitioners) v. Saunders County Board of Equalization (Respondent)

Consolidated appeals

Tax Equalization and Review Commission

Attorneys: Scott Tingelhoff (Saunders County Attorney) --- Terry K. Barber (Barber & Barber PCLLO) (Petitioners)

Civil: Tax protest of valuation of real property; zoned for public and semi-public use

City of Papillion v. Pinnacle Enterprises, Inc.

S-12-0385, City of Papillion v. Pinnacle Enterprises, Inc. (Appellant)

Sarpy County, Judge Daniel E. Bryan, Jr.

Attorneys: Paul F. Peters (Appellant) --- Michael N. Schirber (Schirber & Wagner, LLP)  

Civil: Condemnation proceedings; costs and fees

Proceedings below: The district court found there had been only one eminent domain taking and awarded attorney fees, court costs, and expert witness fees to Pinnacle.

Beveridge v. Savage

S-12-1007, Reid Beveridge (Appellant) v. John and Jill Savage (Appellee)

Cass County District Court, Judge Randall L. Rehmeier 

Attorneys: Christopher A. Sievers and Joseph F. Gross, (Timmermier, Gross & Prentiss) (Appellant); T. Cody Farrens and Douglas Phillips (Klass Law Firm, L.L.P.)

Civil: Landlord/tenant; Appeal from grant of summary judgment in favor of Appellees  

State v. Sikes

S-12-0399, State v. Gary L. Sikes (Appellant)

Hall County, Judge William T. Wright

Attorneys: Vicky A. Kenney (Public Defender’s Office) ---George R. Love (Attorney General’s Office)

Criminal: Plea: DUI, 3rd offense

Proceedings below: Appellant entered a plea to DUI, 3rd offense. He was sentenced to 365 days in jail, a $600 fine and revocation of his license for 15 years.

Fox v. Whitbeck

S-12-0821, Mary Fox (Appellee) v. Raymond Whitbeck and John McWilliams (Intervenor/Appellant) and Sherry McWill (Intervenor)

Douglas County, Judge J. Michael Coffey

Attorneys: Ralph E. Peppard (Appellee) --- Theodore R. Boecker, Jr. (Boecker Law PCLLO) (for Intervenor/Appellant)

Civil: Lien on property; sheriff’s sale of property

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