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Court of Appeals Courtroom, State Capitol Building, Lincoln, Nebraska

State v. Voter

S-12-0867, State v. Carlin Voter, Jr.

Platte County, Judge Robert Steinke

Attorneys: James C. Stecker (Appellant) --- George R. Love (Attorney General’s Office)

Criminal: Count I: Sexual assault; Count IV: First degree sexual assault and Count V: Incest

Fitzgerald v. Fitzgerald

S-12-1049, Timothy E. Fitzgerald v. Camille M. Fitzgerald n/k/a Camille M. Fangmeier (Appellant)

Thayer County, Judge Vicky Johnson

Attorneys: Nancy S. Johnson (Conway Pauley & Johnson PC) (Appellant) --- Scott Grafton (Svehla Thomas & Rauert PCLLO) (Appellee/Cross-Appellant)

Civil: Modification of custody

State v. Smith

S-12-0966, State v. Samuel Q. Smith (Appellant)


Douglas County, Judge Duane Dougherty


Attorneys: Pro Se Appellant --- Kimberly Klein, Attorney General’s Office

Civil: Smith appeals from the district court’s dismissal of his petition for postconviction relief under the new one-year statute of limitations under Neb. Rev. Stat. § 29-3001(4)(e).

State v. Marks

A-12-0931, State v. Jason L. Marks (Appellant)

Douglas County, Judge W. Russell Bowie

Attorneys: Thomas J. Garvey (Appellant) --- George R. Love (Attorney General’s Office)

Civil: Postconviction: life sentence

Proceedings below: The trial court denied Appellant’s request for an evidentiary hearing and denied his motion for postconviction relief.

Issues: The trial court erred in (1) ruling that Appellant should not be granted an evidentiary hearing; (2) denying his motion for postconviction relief.

State v. Sherrod

S-12-0286, State v. Edward Sherrod (Appellant)

Douglas County, Judge Thomas A. Otepka

Attorneys: Matthew Kahler (Finley Kahler PCLLO) (Appellant) --- Erin Tangeman (Attorney General’s Office)

Criminal: Attempted assault on an officer, 2nd degree

Proceedings below: A jury found Appellant guilty. He was sentenced 15 to 20 years in prison.

State v. White (PFR)

S-11-515, State v. Darrell E. White (Appellant)

Sarpy County, Judge Max Kelch

Attorneys: Patrick J. Boylan (Public Defender) (Appellant) --- James D. Smith (Attorney General’s Office)

Criminal: Second degree murder; use of a weapon to commit a felony

Reynolds v. Keith County Board of Equalization (PFR)

S-12-0346, 12-0347 (consolidated) Robert B. Reynolds (Petitioner/Appellant) v. Keith County Board of Equalization

Tax Equalization and Review Commission

Attorneys: Michael D. Samuelson, Robert B. Reynolds (McGinley O’Donnell Reynolds & Korth PCLLO)(for Petitioner) --- Randy C. Fair (Dudden Fair PCLLO) (for Keith County Board of Equalization)

Civil: Protest of property valuation

State v. Vanderpool

S-12-755, State of Nebraska v. Patrick W. Vanderpool (Appellant)

Douglas County—Judge James T. Gleason

Attorneys: Jon Bruning, Attorney General and Erin E. Tangeman, Assistant Attorney General --- Thomas C. Riley, Douglas County Public Defender and Kelly M. Steenbock, Assistant Public Defender (Appellant)

Civil: Postconviction

Hynes v. Good Samaritan Hospital

S-12-0810, Kimberly L. Hynes v. Good Samaritan Hospital, a Nebraska Non-Profit Corporation (Appellant)

Nebraska Workers’ Compensation Court, Judge Michael K. High

Attorneys: John C. Fowles (Fowles Law Office PCLLO) --- Thomas D. Wulff (Wulff & Freeman LLC) (Appellant)

Civil: Claim for benefits under Workers’ Compensation Act

State v. Mata

A-12-0548, State v. Victor Mata (Appellant)

Scotts Bluff County District Court, Judge Leo Dobrovolny

Attorney for Appellant: Dave Eubanks

Attorney for Appellee: Jon Bruning, George R. Love (Attorney General’s Office)

Criminal Action: First degree assault; Use of a weapon to commit a felony

Action taken by the trial court: Mata was found guilty by jury verdict of first degree assault and use of a weapon to commit a felony. He was sentenced to 36-60 months in prison on each count, to be served consecutively.