Narrow Debate About the Death Penalty

SHERRY F. COLB

In light of the federal government’s resumption of executions, Cornell law professor Sherry F. Colb describes some of the common arguments of proponents and opponents of capital punishment. Colb observes that many of the moral arguments are based on a consequentialist perspective and suggests that a deontological perspective might lead to novel arguments and considerations about the death penalty.

Read More

State v. Theisen

Citation: 306 Neb. 591

Opinion Date: July 24, 2020

Judge: Funke

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

The Supreme Court affirmed Defendant's plea-based convictions of conspiracy to distribute or deliver a controlled substance (hydrocodone), conspiracy to distribute or deliver a controlled substance (tramadol), and child abuse, holding that there was no reversible error in the proceedings below. Specifically, the Supreme Court held (1) the district court did not err in accepting Defendant's guilty pleas because the information expressly alleged overt acts in furtherance of the charged conspiracy to distribute and deliver hydrocodone and tramadol, and the factual basis was sufficient to satisfy Wharton's Rule and support Defendant's guilty pleas; (2) Defendant's assignment of ineffective assistance of trial counsel for counsel's failure to properly inform her of Wharton's Rule was without merit; and (3) the record was insufficient to reach Defendant's claim of ineffective assistance due to her trial counsel's alleged conflict of interest.

Frans v. Waldinger Corp.

Citation: 306 Neb. 574

Opinion Date: July 24, 2020

Judge: Papik

Areas of Law: Labor & Employment Law

The Supreme Court modified the opinion of the court of appeals to direct the dismissal of Plaintiff's amended petition to a limited extent, holding that there was no basis for directing Plaintiff's entire petition to be dismissed. Plaintiff was injured in an acceding arising out of and in the course of his employment. Plaintiff later filed a petition seeking reimbursement for continuing medical treatment related to the work accident, alleging that he had injured his head, neck and lower back and required treatment for depression and anxiety. The compensation court concluded that Plaintiff was entitled to reimbursement for treatment of his lower back, as well as depression and anxiety, but that Plaintiff was not entitled to reimbursement for medical treatment related to head and neck injuries. The court of appeals reversed and remanded with directions to dismiss the petition, concluding that the evidence was insufficient to establish that Plaintiff's depression and anxiety developed as a result of his low back condition. The Supreme Court modified the court of appeals' opinion, concluding that the petition should be dismissed only to the extent it sought reimbursement for treatment for depression, anxiety, and head and neck injuries.

Walker v. BNSF Railway Co.

Citation: 306 Neb. 559

Opinion Date: July 24, 2020

Judge: Per Curiam

Areas of Law: Personal Injury

The Supreme Court affirmed the judgment of the district court in favor of BNSF Railway Co. on Plaintiff's negligence action under the Federal Employers' Liability Act, 45 U.S.C. 51 et seq., holding that the exclusion of some of Plaintiff's evidence did not unfairly prejudice Plaintiff. While working for BNSF, Plaintiff was injured when a forklift she was driving tipped over. The jury returned a verdict for BNSF on Plaintiff's negligence action. The district court accepted the verdict and entered judgment. On appeal, Plaintiff argued that the district court erred when it excluded evidence of BNSF's admission that the forklift was overloaded and at risk for tipping. The Supreme Court affirmed, holding that the district court's exclusion of testimonial evidence of BNSF's designee related to the company's post accident investigation did not unfairly prejudice Plaintiff's substantial right.

Russell v. Franklin County

Citation: 306 Neb. 546

Opinion Date: July 24, 2020

Judge: Papik

Areas of Law: Real Estate & Property Law

The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court determining that Landowners were entitled to receive an amount equal to the diminution in value of private property as a result of a county's action in felling trees on the property to improve visibility for a nearby road. Franklin County, without permission, cut down and uprooted trees on property owned by Thomas and Pamela Russell. The Russells filed an inverse condemnation proceeding. At issue before the district court was the extent of the damages sustained. The district court granted summary judgment for the County, concluding that the Russells were entitled to receive the fair market value of the property taken and any decrease in the fair market value of remaining property caused by the taking. The court of appeals affirmed. The Supreme Court affirmed, holding that the Russells were entitled to recover the diminution in value of their land as a result of the removal of the trees.

In re Estate of Hutton

Citation: 306 Neb. 579

Opinion Date: July 24, 2020

Judge: Funke

Areas of Law: Trusts & Estates

The Supreme Court vacated the order of the county court requiring Webster County to pay fees and expenses to a court-appointed successor personal representative, holding that the court lacked the authority to order the County to pay the successor personal representative fees. In its order, the court found that the court-appointed successor personal representative had served for two and one-half years, that his fees were fair and reasonable, that the estate was insolvent, and that the amount owed by the heirs was likely uncollectible. The court then ordered that Webster County pay the amount of $6,455 to the personal representative. The Supreme Court vacated the order, holding that the court lacked the statutory authority to order the County pay the successor personal representative's fees.