October 10, 2014 Course Materials

These are the course materials for my CLE program in Sioux City on October 10, 2014. 

 

The Nebraska Supreme Court decided two cases on October 3, 2014.  In State v. Matthews, 289 Neb. 184, the court held that in a case in which self-defense was at issue, the admission of evidence of defendant’s aggressive character was harmless error.  Rice v. Bixler, 289 Neb. 194, construed Neb. Rev. Stat. §§ 57-228 to 57-231, relating to dormant mineral rights.


In re Nabity Trust, 289 Neb. 164 (Sept. 26, 2014), was a fact-intensive case which held that the grantor of the trust was incompetent when she amended the trust to change the trustees.  The court also held that a health care power of attorney executed at that time was invalid.  It was argued that even though the health care power of attorney was invalid, it was sufficient to revoke an earlier health care power of attorney.  The supreme court rejected this argument and held that the earlier document was not revoked.


Among the cases decided by the Iowa Court of Appeals on October 1 was State v. McLachlan, No. 13-0487.  In August 2012, the defendant was charged with possession of marijuana with intent to deliver.  On the morning of trial, January 28, 2013, the State moved to amend the information to add a charge of failure to affix a drug tax stamp.  Defendant was found guilty on both counts.

The Court of Appeals held that the tax stamp offense was a “wholly new or different offense,” and that the amendment was improper.  The court left open the question of whether a new information could have been filed for that offense.

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