Latest 4 Cases: Douglas County School District No. 10 v. Tribedo, LLC (Constitutional Law), State v. Senteney (Criminal Law), State v. Teppert ...

Pope Francis’s Statement Endorsing Same-Sex Civil Unions Undermines the Moral Legitimacy and Legal Arguments in Fulton v. City of Philadelphia

DAVID S. KEMP, CHARLES E. BINKLEY

David S. Kemp, a professor at Berkeley Law, and Charles E. Binkley, MD, the director of bioethics at Santa Clara University’s Markkula Center for Applied Ethics, consider the implications of Pope Francis’s recently revealed statement endorsing same-sex civil unions as they pertain to a case currently before the U.S. Supreme Court. Kemp and Binkley argue that the Pope’s statement undermines the moral legitimacy of the Catholic organization’s position and casts a shadow on the premise of its legal arguments.

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Stigma and the Oral Argument in Fulton v. City of Philadelphia

LESLIE C. GRIFFIN

UNLV Boyd School of Law professor Leslie C. Griffin explains why stigma is a central concept that came up during oral argument before the Supreme Court in Fulton v. City of Philadelphia. Griffin points out that some religions have long supported racial discrimination, citing their religious texts, but courts prohibited such discrimination, even by religious entities. Griffin argues that just as religious organizations should not enjoy religious freedom to stigmatize people of color, so they should not be able to discriminate—and thus stigmatize—people based on sexual orientation.

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Douglas County School District No. 10 v. Tribedo, LLC

Citation: 307 Neb. 716

Opinion Date: November 6, 2020

Judge: Lindsey Miller-Lerman

Areas of Law: Constitutional Law, Real Estate & Property Law

The Supreme Court affirmed the judgment of the district court finding compensation totaling $4,625,967 for Elkhorn School District's taking of forty-three acres of Tribedo, LLC's property, holding that the district court did not err in its trial rulings nor in accepting the jury verdict for total compensation due to Tribedo. After the board of appraisers awarded $2,601,600 for the taking Tribedo appealed, alleging that the award did not reflect the fair market value of the property taken and did not adequately compensate for damages to the remainder of Tribedo's property. Following the jury's verdict, Elkhorn moved for a new trial. The district court denied the motion and granted Tribedo's posttrial motions for an award of interest and attorney fees. The Supreme Court affirmed, holding (1) there was no error in the proceedings below; (2) the district court did not err when it accepted the jury verdict; and (3) the district court did not abuse its discretion when it awarded Tribedo $590,925 in attorney fees.

State v. Senteney

Citation: 307 Neb. 702

Opinion Date: November 6, 2020

Judge: Lindsey Miller-Lerman

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's convictions and sentences for two counts of third degree sexual assault of a child, one count of attempted incest, and one count of attempted first degree sexual assault, holding that the district court did not commit plain error when it allowed certain testimony and that Defendant's sentences were not an abuse of discretion. On appeal, Defendant argued (1) the district court committed plain error when it allowed an investigator to testify regarding indicators of deception exhibited by Defendant in an interview, and (2) the district court imposed excessive sentences. The Supreme Court disagreed, holding (1) the testimony regarding indicators of deception was not plain error; and (2) Defendant's sentences of imprisonment, rather than probation, were not an abuse of discretion.

State v. Teppert

Citation: 307 Neb. 695

Opinion Date: November 6, 2020

Judge: Papik

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's conviction for driving under the influence (DUI), fourth offense, holding that the district court did not err by receiving evidence of a prior conviction offered by the State in support of sentence enhancement. Defendant pleaded guilty to DUI and driving under suspension. At a sentence enhancement proceeding, the State sought to introduce evidence of Defendant's three prior DUI convictions. Defendant objected to the admission of records of his 2010 DUI conviction, arguing that those records did not affirmatively show that he had counsel or had knowingly, intelligently, and voluntarily waived the right to counsel before entering his guilty plea in that case. The Supreme Court affirmed, holding that the district court did not err by receiving records of Defendant's 2010 DUI conviction and finding that his conviction in this case was his fourth offense.

Benjamin M. v. Jeri S.

Citation: 307 Neb. 733

Opinion Date: November 6, 2020

Judge: Funke

Areas of Law: Family Law

The Supreme Court reversed the order of the district court dismissing Benjamin M.'s amended complaint seeking to establish custody, support, and parenting time, holding that the district court erred in failing to give proper legal effect to the two notarized acknowledgments of paternity Benjamin filed contemporaneously with his amended complaint. Benjamin and Jeri were the parents of two minor children, F.M. and L.M. The parents executed notarized acknowledgments of paternity for each child. Benjamin later filed a complaint seeking to establish paternity, child support, and parenting time. Jeri moved to dismiss the action as time-barred. Thereafter, Benjamin filed an amended complaint to establish child custody, child support, and parenting time and offered into evidence certified copies of the notarized acknowledgements of paternity for both children. The district court dismissed the case as being time-barred. The Supreme Court reversed and remanded the cause for further proceedings, holding (1) where there is a properly executed and unchallenged acknowledgment of paternity, an action for establishment of paternity should be treated solely as an action to determine the issues of custody and support; and (2) the district court erred in failing to give proper legal effect to the signed, notarized acknowledgments of paternity in this case.