S-22-0846 State of Nebraska (Appellee) v. Kay E. Anderson (Appellant)
Appeal from District Court for Douglas County, Judge Leigh A. Retelsdorf on appeal therefrom the County Court for Douglas County, Judge Grant A. Forsberg.
Attorneys: Jason M. Bruno, Robert S. Sherrets, and James L. Schneider (Sherrets Bruno & Vogt LLC for Appellant) and Kevin J. Slimp and Lindsey L. Bitzes (Omaha City Prosecutor’s Office for Appellee).
Criminal: Violation of Omaha Municipal Code for Failure to Maintain Property and Motion to Suppress.
Proceedings below: The county court found Appellant guilty of four (4) counts of failure to comply with Omaha Municipal Code § 48-53 regarding property maintenance and placed Appellant on probation for twenty-four (24) months. On appeal, the district court affirmed Appellant’s convictions and sentences. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The district court erred in overturning the county court’s initial suppression of all evidence obtained from a false and illegal warrant; 2) The county court erred in denying Anderson’s renewed Motion to Suppress; 3) The county court erred in convicting Anderson when the undisputed evidence showed that the notices did not afford a reasonable time to make repairs and that Anderson followed all directions from the city; 4) The county court erred in strictly applying the 90-day period of OMC § 48-53 in lieu of the reasonable time period of OMC § 48-62; 5) The county court erred in convicting Anderson for violations of notices that were not directed to him regarding property that he did not own; and 6) The district court erred in convicting Anderson when there was no proof that the notices were timely or appropriately served on anyone.