Department of Justice Once Again Proves Its Loyalty to the President, Not the Rule of Law

AUSTIN SARAT

Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—comments on the recent news that the Justice Department will seek dismissal of charges against Michael Flynn. Sarat suggests that because the decision does not seem to advance the fair administration of justice in this case, the court should take the unusual step of refusing to grant the prosecutor’s motion to dismiss.

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State v. Ferrin

Citation: 305 Neb. 762

Opinion Date: May 8, 2020

Judge: Stacy

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed Defendant's conviction and sentence for the misdemeanor offense of obstructing a peace officer, holding that the evidence was sufficient to support the conviction. Specifically, the Supreme Court held that the district court did not err in affirming the judgment of the county court because the county court did not err in overruling Defendant's motions for directed verdict where there was sufficient evidence to prove the material elements of the crime. As to Defendant's remaining assignments of error, the Court held (1) because the bill of exceptions in this case did not contain the suppression hearing, this Court will not consider Defendant's argument challenging the overruling of his motion to suppress; and (2) Defendant did not trigger appellate review of the trial court's decision denying his motion in limine.

State v. Lang

Citation: 305 Neb. 726

Opinion Date: May 8, 2020

Judge: Stacy

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed Defendant's convictions for possessing methamphetamine and marijuana, holding that Defendant was not entitled to relief on her allegations of error. On appeal, Defendant argued (1) the district court erred in overruling her motion to suppress, (2) the district court erred in overruling her motions seeking a competency evaluation, and (3) her trial counsel provided ineffective assistance. The Supreme Court affirmed, holding (1) the district court properly overruled Defendant's motion to suppress; (2) there was no abuse of discretion in overruling Defendant's motions for a competency evaluation; and (3) the record affirmatively refuted Defendant's claim that trial counsel performed deficiently.

Bonness v. Armitage

Citation: 305 Neb. 747

Opinion Date: May 8, 2020

Judge: Papik

Areas of Law: Medical Malpractice

The Supreme Court affirmed the decision of the district court dismissing Plaintiff's medical malpractice action on statute of limitations grounds, holding that because the face of the complaint showed that the action was barred by the statute of limitations the district court properly granted Defendant's motion to dismiss. On appeal, Plaintiff argued that Defendant waived the statute of limitations defense and that, even if he did not, dismissal on statute of limitations grounds was not proper. The Supreme Court affirmed, holding (1) there was no basis to find that Defendant waived the statute of limitations defense; and (2) the face of the complaint showed that the action was barred by the statute of limitations.