The Fate of American Democracy May Depend on the Willingness of Democratic Governors to Fight Fiercely after the November 3 Election

AUSTIN SARAT, DANIEL B. EDELMAN

In anticipation of a contested election outcome in November, Amherst College Associate Provost Professor Austin Sarat and attorney Daniel B. Edelman call upon Democratic governors to forward a slate of electors that reflects the preference of the greatest number of voters in their states, regardless of what their legislatures might do. Sarat and Edelman argue that the fate of American democracy may depend on these governors.

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State ex. rel. Malone v. Baldonado-Bellamy

Citation: 307 Neb. 549

Opinion Date: October 23, 2020

Judge: Lindsey Miller-Lerman

Areas of Law: Communications Law, Criminal Law

The Supreme Court dismissed this appeal from an order of the district court declining to issue a writ of mandamus in order for Appellant to obtain an audio recording of his criminal trial, holding that the district court lacked jurisdiction of this action for writ of mandamus, and therefore, the Supreme Court lacked jurisdiction of this appeal. Appellant, an inmate, filed a complaint for writ of mandamus seeking, under Neb. Rev. Stat. 84-712 et seq. (the public records statutes), to obtain an audio recording of his criminal trial. The district court district court denied and dismissed Appellant's action for writ of mandamus, concluding that the public records statutes were inapplicable to Appellant's request and that access to the record of court proceedings was governed by court rules rather than the public records statutes. The Supreme Court dismissed Appellant's appeal, holding that because Appellant did not file motion and affidavit or a verified petition, the district court lacked jurisdiction of this proceeding for mandamus.

State v. Collins

Citation: 307 Neb. 581

Opinion Date: October 23, 2020

Judge: Lindsey Miller-Lerman

Areas of Law: Criminal Law

The Supreme Court affirmed the order of the district court affirming Defendant's convictions and sentences for operating a motor vehicle to avoid arrest and obstructing a police officer, holding that the district court did not err when it affirmed the convictions and sentences. On appeal, Defendant argued, among other things, that the district court erred in affirming her allegedly excessive sentence and in directing that her appearance bond be applied to fines and costs. The Supreme Court affirmed, holding (1) the county court did not abuse its discretion when imposing sentence; (2) the county court did not err in ordering that Defendant's bond be applied to fines and costs; and (3) Defendant did not show that counsel provided ineffective assistance.

In re Interest of Leyton C.

Citation: 307 Neb. 529

Opinion Date: October 23, 2020

Judge: William B. Cassel

Areas of Law: Family Law

The Supreme Court reversed the decision of the court of appeals reversing the judgment of the juvenile court terminating Mother's parental rights to her two children, holding that clear and convincing evidence supported termination of parental rights. After a termination hearing, the juvenile court entered an order terminating Mother's parental rights, finding that the State proved grounds for termination under Neb. Stat. 43-292(2), (4), and (6) as to both children and that termination of parental rights was in the children's best interests. The court of appeals reversed, concluding that the juvenile court erred in determining that termination of Mother's parental rights was in the children's best interests. The Supreme Court affirmed, holding that the State adduced clear and convincing evidence that termination of Mother's parental rights was in the children's best interests and that the State proved a statutory ground for termination.

Kaiser v. Allstate Indemnity Co.

Citation: 307 Neb. 562

Opinion Date: October 23, 2020

Judge: Michael G. Heavican

Areas of Law: Insurance Law, Landlord - Tenant, Real Estate & Property Law

In this insurance dispute, the Supreme Court affirmed the decision of the district court granting summary judgment for Allstate Indemnity Company, holding that property loss from Plaintiffs' tenants' producing or using methamphetamine indoors was not a covered peril under the insurance policy. Plaintiff filed an insurance claim alleging that his tenants damaged his rental house by producing or using methamphetamine indoors. Allstate denied the claim. Plaintiff subsequently filed a complaint against Allstate alleging breach of contract and bad faith. The district court granted summary judgment for Allstate, concluding that Plaintiff's property loss was excluded from coverage under certain portions of the insurance policy and was not covered by other portions of the policy. The Supreme Court affirmed, holding that Plaintiff's assignments of error were without merit.