District Judge LeAnne Srb Sits with Nebraska Supreme Court

District Judge LeAnne Srb Sits with Nebraska Supreme Court

Tuesday, March 28, 2023

Nebraska District Court Judge LeAnne M. Srb of Omaha, Nebraska, was invited to sit with the Nebraska Supreme Court on March 28, 2023.

Srb heard arguments in the case of State of Nebraska, ex rel., Steven M. Jacob v. Scott Frakes, Director, Nebraska Department of Correctional Services as is docketed at S-22-0544. In this case, the district court denied Appellant’s Petition and Motion for a Writ of Mandamus and determined that his request for declaratory judgment was not properly before the court. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.

She also heard arguments in the case of Bernard Schaeffer v. Craig Gable, Warden of Tecumseh Correctional Institution and Scott Frakes, Director of Nebraska Department of Correctional Services as is docketed at S-22-605. In this case, Appellant was sentenced to life in prison after he pled guilty to first-degree murder, but due to the decision in Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed2 407 (2012), Appellant was resentenced to seventy (70) to ninety (90) years in prison. In January 2022, Appellant filed a Verified Petition for Habeas Corpus alleging that he has completed his sentence, but the district court dismissed the matter for lack of jurisdiction. Appellant and Appellee filed a Joint Motion to Bypass the Court of Appeals, which the Supreme Court sustained and ordered this matter transferred to its docket. 

Finally, Srb heard arguments in the case of Adams Land and Cattle, LLC, d/b/a Adams Land and Cattle Co. v. John Widdowson, Adam Sawyer, Terry Cone, Jay Martindale, and Christopher Gentry as is docketed at S-22-534. In this case, Appellants, as previous or current members of the Nebraska Brand Committee, informed Appellees that under Nebraska law, brand inspections are required for any cattle arriving at a registered feedlot from any place other than directly from the point of origin with a brand clearance, certificate of inspection, or other satisfactory evidence of ownership. Appellee disagreed with this interpretation of Nebraska law, and Appellees sought a permanent injunction, which the trial court sustained.  Appellants filed a Petition to Bypass the Court of Appeals, which the Supreme Court sustained and transferred this matter to its docket. 

In the cases of State of Nebraska, ex rel., Steven M. Jacob v. Scott Frakes, Director, Nebraska Department of Correctional Services and Bernard Schaeffer v. Craig Gable, Warden of Tecumseh Correctional Institution and Scott Frakes, Director of Nebraska Department of Correctional Services, Srb sat in place of Justice John Freudenberg, who was recused from those cases. Chief Justice Michael G. Heavican was also recused from State of Nebraska, ex rel., Steven M. Jacob v. Scott Frakes, Director, Nebraska Department of Correctional Services. In the case of Adams Land and Cattle, LLC, d/b/a Adams Land and Cattle Co. v. John Widdowson, Adam Sawyer, Terry Cone, Jay Martindale, and Christopher Gentry, Srb sat in place of Justice Lindsey Miller-Lerman, who was recused from the case. The Court session was held in the Supreme Court Courtroom of the Nebraska State Capitol in Lincoln.

Seven justices make up the Nebraska Supreme Court: Chief Justice Mike Heavican and six associate Justices. On occasion, a justice must recuse him or herself from a case, and a judge from a district court or the Court of Appeals is asked to sit with the Supreme Court.    

March 28, 2023, oral arguments can be viewed on the Court’s archive.

Reporters:

 

Screen shot from argument session on Nebraska Public Media:

(L to R) Justice Jonathan Papik, Justice Stephanie Stacy, Judge LeAnne Srb, Chief Justice Mike Heavican, Justice William Cassel, Justice Jeff Funke, and Justice John Freudenberg. Arguing before the Court in Adams Land and Cattle, LLC v. Widdowson

 is attorney Greg Scaglione. Recording Court arguments is Allyson Stewart.