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State Court
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Nebraska Supreme Court

Nebraska Supreme Court Clarifies Sentencing Discretion Standards

The Nebraska Supreme Court issued a ruling in State v. Jackson on January 2, 2026, establishing important precedent regarding trial court discretion in probationary matters and sentencing appeals. The decision clarifies when statutory language creates discretionary versus mandatory authority and sets standards for identifying abuse of discretion.

Court establishes that statutory use of 'may' creates presumption of discretionary rather than mandatory action
Trial courts retain broad discretion over probationary matters with limited appellate review
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Nebraska Supreme Court Reaffirms Trial Judge Discretion in Sentencing

The Nebraska Supreme Court ruled Thursday in *State v. Rejai* that appellate courts cannot disturb criminal sentences within statutory limits absent an abuse of discretion by trial judges. The decision reinforces established standards for reviewing allegedly excessive sentences on appeal.

Nebraska Supreme Court ruled appellate courts cannot disturb sentences within statutory limits absent abuse of discretion
Court defined abuse of discretion as decisions based on untenable reasoning or actions clearly against justice
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Nebraska Supreme Court Clarifies Plain Error Standard in State v. Molina

The Nebraska Supreme Court issued an opinion December 19, 2025, in State v. Cristian E. Gonzalez Molina establishing clear standards for when appellate courts may address unpreserved errors. The ruling emphasizes protecting judicial integrity while limiting plain error review to cases involving substantial rights and potential miscarriages of justice.

Court established that plain error requires unasserted trial errors that are plainly evident, prejudice substantial rights, and threaten judicial integrity
Appellate courts retain discretion in plain error review but are not constrained by specific brief arguments or required to review every possible error
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Nebraska Supreme Court Sets Standards for Ineffective Counsel Claims

The Nebraska Supreme Court issued a decision in State v. Keadle on December 19, 2025, clarifying appellate review standards for ineffective assistance of counsel claims in criminal cases. The court applied the established Strickland v. Washington framework while addressing procedural questions about how appeals courts should evaluate attorney performance.

Nebraska Supreme Court clarifies that ineffective counsel claims involve mixed questions of law and fact requiring different review standards
Court applies clear error review to factual findings but independent review to legal determinations under Strickland test
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Nebraska Supreme Court Clarifies Appellate Jurisdiction in Insurance Case

The Nebraska Supreme Court issued a decision December 19, 2025, in Continental Indemnity Company v. Starr Indemnity & Liability Co., establishing important precedent on appellate jurisdiction requirements for insurance disputes between out-of-state corporations.

Nebraska Supreme Court establishes that appellate jurisdiction questions are matters of law in insurance disputes
Court clarifies requirements for final judgments, mandating single signed documents addressing all relief
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Nebraska Supreme Court Clarifies Evidence Standards in State v. Logan

The Nebraska Supreme Court issued an opinion in State v. Logan on December 19, 2025, establishing clearer standards for when trial courts abuse their discretion in evidentiary rulings. The decision provides guidance on admitting evidence of defendants' other crimes or bad acts under Nebraska Evidence Rule 404(2).

Nebraska Supreme Court establishes that appellate courts review bad acts evidence rulings for abuse of discretion under Evidence Rule 404(2)
Court defines abuse of discretion as decisions based on 'untenable or unreasonable' reasons or actions 'clearly against justice or conscience'
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Nebraska Supreme Court Affirms Criminal Conviction, Sets Self-Defense Standard

The Nebraska Supreme Court affirmed a criminal conviction in *State v. Rupp*, establishing key precedent on self-defense claims and evidence sufficiency standards. The December 12, 2025 ruling clarifies legal requirements for asserting self-defense and reinforces appellate review procedures.

Court established two-pronged test for self-defense requiring objectively reasonable and good faith belief in necessity of using force
Reaffirmed standard that appellate courts must view evidence in light most favorable to prosecution when reviewing criminal convictions
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Nebraska Supreme Court Clarifies Intent in Juvenile Terror Threats

The Nebraska Supreme Court issued a ruling December 12 in In re Interest of Jerel S., defining the intent requirement for terroristic threats prosecutions against juveniles. The court held that intent to terrorize means producing intense fear or anxiety in another person.

Nebraska Supreme Court defined intent to terrorize as producing intense fear or anxiety in another person
Court applied de novo review standard in juvenile delinquency cases while recognizing trial court advantages in witness credibility
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Nebraska Supreme Court Clarifies Pleading Standards in Ramaekers v. Creighton

The Nebraska Supreme Court issued a ruling December 12 in Ramaekers v. Creighton University, establishing important precedent for how courts review motions to dismiss and amendment requests. The decision clarifies standards that will affect future litigation involving educational institutions and nonprofit organizations.

Nebraska Supreme Court established de novo review standard for motions to dismiss under Rule 6-1112(b)(6)
Court clarified that proposed amendment futility determinations receive de novo review despite abuse of discretion standard for amendment motions
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Nebraska Supreme Court Clarifies Trial Standards in Partnership Case

The Nebraska Supreme Court issued a ruling December 5, 2025, in Sebade v. Sebade, a family business partnership dispute that clarifies important standards for how appellate courts review trial court findings in both law and equity cases.

Trial court factual findings in law actions have the same weight as jury verdicts and won't be overturned unless clearly wrong
Appellate courts cannot reweigh evidence or reevaluate witness credibility in bench trials of law actions
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