She didnt have funds to hire a lawyer and didnt know what else to do. Federal courts | color: white; as a general rule, in the construction of statutes, the word "shall" is considered mandatory and inconsistent with the idea of discretion. Hendrix alleged that on May 17, 2010, she sent sivick a request for reimbursement of the childcare and uninsured medical expenses incurred from 2007 to date and that she submitted receipts and other verifying documentation of the expenses. .widget-key { a court that has jurisdiction to make a decision also has the power to enforce it by making such orders as are necessary to carry its judgment or decree into effect. Find a Lawyer for Your Case . }) 191, 724 n.W.2d 828 (2006). text-align: center; vertical-align: middle; | clear: both; (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). before reaching the legal issues presented for review, it is the duty of an appellate court to determine whether it has jurisdiction over the matter before it. z-index:1; 1280x841 Built Ford Tough New Cars Auto hd wallpaper #586217. Sign up for our newsletter to keep reading. This is not the whole story. .votebox.no_results { [Hendrix] shall be responsible for the first $480.00 of medical related expenses incurred on behalf of the minor child annually. background-color: grey; .large-date { text-align: center; margin-top: 30px; margin-bottom: 20px; font-size: 20px; font-weight: 600;} 8. Someone sent her nude photos to the Omaha Community Playhouse, where she worked in an apprenticeship at the time, apparently attempting to get her kicked out of the program. In Vietnam's fisheries industry | Meksea at Vietfish 2018 - 20th anniversary of Vietfish Expo. He could not be reached for comment. text-align: center; 901, 678 n.W.2d 503 (2004). font-weight: bold; Robert J. Sivick, pro se. 917, 708 n.W.2d 821 (2006), a 2001 decree provided that the husband would receive an additional $75,000 judgment if the wife sold or conveyed certain marital property awarded to her. You can cancel at any time. j. UNINSURED MEDICAL/DENTAL EXPENSES. In such circumstance, it is not our duty to sift through the numerous pages of documentation to find expenses that sivick speculates might be excludable if only we would find them-when he has not found, or could not find, any of such. @media (max-width:600px) { Brown, 48, was found dead inside a home near 189th and L streets around 9:50 p.m.Brown worked as an evidence technician for the Bellevue Police Department for eight years.Brown and Craig Wiech, 52, both lived in the home.Officials said Wiech has been an officer for over 22 years.Wiech was taken into police custody after he became combative with first responders and allegedly assaulted an officer. [1] [2] Elections 2020 Officials said Wiech has been an officer for over 22 years.
} Marcena M. Hendrix Tenure: 22 years Education: University of Nebraska-Lincoln; University of Nebraska College of Law Experience: Private practice, Deputy Douglas County Public Defender Recommendation: 87.7% John E. Huber Tenure: 22 years Education: Creighton University; Creighton University School of Law Marcela A. Keim (Judge) Hon. The Omaha Police Department respects all of our victims and provides impartial police service to our community., Unfortunately, Thomas continued, when the case was shared between Units it was not assigned and appropriately followed up on. Read more, A surveillance camera recorded a young man painting a swastika on the front door of the South Street Temple at 2061 S. 20th St. A swastika also was painted on the synagogues steps. Brown and Craig Wiech, 52, both lived in the home. U.S. Congress | margin-bottom: 0px; robert J. sivick appeals from a judgment entered against him for his share of his child's childcare and uninsured medical expenses, which expenses were incurred by his ex-wife, Marcena M. Hendrix. [7] obviously, the parties should abide by the terms of the decree, but it is the obligations of support and not the procedures for documentation which are critical to the child's best interests. Although the new detective assigned to the case is a male, Carolus said shes comfortable with that because shes getting what she wanted: communication. LAWYER SEARCH. width: 90%; [6] the time limitation contained in the decree for Hendrix to submit documentation of expenses to sivick is not essential to the purpose of the decree. He was able to dodge Wiech's punches," he said.More law enforcement arrived on scene and an Omaha police officer tried to diffuse the situation. We are guided by principles of statutory construction, which we find equally applicable here as both the meaning of a statute and meaning of a decree present questions of law. Courts: Jurisdiction. .race_header.libertarian { Though he faced six months in jail and a fine of up to $500 on each count, Judge Marcena Hendrix sentenced him to 90 days in jail. although Hendrix failed to submit documentation supporting childcare expenses on a monthly basis as directed by the decree, we conclude that such .inner_percentage, .inner_percentage.Nonpartisan, .inner_percentage.Independent, .inner_percentage.Constitution, .inner_percentage.unknown { .courts-container hr {background-color:#f0a236;padding-bottom:2px;}, Eighth Circuit Court of Appeals U.S. District Court: District of Nebraska U.S. Bankruptcy Court: District of Nebraska, Nebraska Supreme Court .widget-img { .image-candidate-thumbnail-wrapper .image-candidate-thumbnail { sivick argues that Hendrix presented insufficient evidence to support the judgment. Hes just not that kind of guy. thereafter, any uncovered medical, dental, orthodontia, pharmaceutical, or optical expenses shall be paid 77% by [Hendrix] and 23% by [sivick]. A Douglas County judge on Tuesday dismissed a charge of attempted assault against an Omaha man who was accused of threatening to shoot another man. } Arrests, cases of domestic violence in Douglas County have increased in last few years, Choking, threats, destroyed belongings: Nebraska women facing violence are being denied protection orders, Millard North principal received email in 2018 about sexual allegations against Andrew McGreevy, Omaha man says killing sex offender was justified and doesn't think a jury will convict him, UNO instructor charged with sexual assault; police say he also took photos of 15-year-old girl, Editorial: Nebraska must take strong action against online harassment, Teen undergoes surgery after being tased by Omaha police during foot pursuit, Former Fremont police officer found guilty of third-degree sexual assault, Victims of abuse, sex trafficking can get free legal advice at Omaha event, Asteroid samples suggest origin of life on Earth may have come via impact, White House opens $39 billion chip-making giveaway, Paragliders soar past second highest mountain in the world, Venus may have 'evolving' surface, constantly changing due to subsurface bubbling. Heres how to get more nuanced and relevant .non_result_row th { nonetheless, while the word "shall" may render a particular statutory provision mandatory in character, when the spirit and purpose of the legislation require that the word "shall" be construed as permissive rather than mandatory, such will be done. Read more, The officers were identified earlier as Joshua Ames, Jacob Sunderman and Matthew Ajuoga. .key-messages li:last-child { margin-bottom: 0px;} Nebraska State Bar Foundation Mandolfo v. Mandolfo, 281 neb. Membership Details; MY ACCOUNT. .votebox_bp_logo { } One change set forth in the law involves securing an initial hearing for protection-order petitions relating to sexual assault or domestic violence so they are not denied outright with no explanation. ( Filing No. .survey-result {padding:10px;} .race_header { ", Bidirectional search: in armed robbery At a preliminary hearing at the Douglas County Courthouse Monday morning, Judge Marcena M. Hendrix ordered the case to be moved to trial in district court. We conclude that the judge did not abuse his discretion in denying sivick's motion for recusal. armed robbery w/5 gun, "gun" occurs to Jurisdictions Admitted to Practice Nebraska. On April 14, the newspaper reported he was upset about the quality of the paint job and over how long it had taken. } A Lancaster County judge ruled Wednesday morning that there was enough evidence for Katerian LeGrone to face trial. the district court conducted a hearing on July 13, 2010, and received evidence. During the July 13, 2010, hearing, the court received into evidence exhibit 53, a 98-page document containing 8 pages of an "unreimbursed expenses grid" covering years 2007 to 2009 and various statements to support the expenses. Omaha Bar Association Richard G. Kopf Senior United States District Judge MEMORANDUM AND ORDER Plaintiff filed her Complaint on June 19, 2019. THE PUBLIC DEFENDER WANTED A SIGNATURE BOND, WHICH MEANS HE WOULD PROMISE TO SHOW UP FOR COURT HEARINGS WITHOUT POSTING ANY MONEY. Douglas County, University of Nebraska College of Law, 1983 as pertinent to this appeal, the decree provides in part: e. CHILD-CARE EXPENSES. REPORTING LIVE AT DOUGLAS COUNTY CORRECTIONS, MICHELLE BANDUR, KETV, NEWSWATC. While the word "shall" may render a particular statutory provision mandatory in character, when the spirit and purpose of the legislation require that the word "shall" be construed as permissive rather than mandatory, such will be done. Ive shown people what you can do if the legal system isnt working for you.. } Knight v. Knight (Neb. Judge dismisses charge of attempted assault against Omaha man. Craig Q. McDermott (Judge) Office Information Address 1701 Farnam Omaha, NE 68183 Phone (402) 444-5387 Fax (402) 444-6890 Email Contact Us Websites It never should have taken months for it to happen.. He was able to dodge Wiech's punches," he said. 22-1115 (8th Cir. color: #FF6347; .widget-row.heading { } CT. R. APP. Get up-to-the-minute news sent straight to your device. if (typeof $ != 'undefined') { (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). After the hearing, Payne was surrounded by people who are showing support. the meaning of a decree presents a question of law, in connection with which an appellate court reaches a conclusion independent of the determination reached by the court below. .results_table_container { } "He makes some attempts to calm him down and keep him from re entering the residence," Lindberg said. The latest breaking updates, delivered straight to your email inbox. Nebraska county judge Marcena Hendrix dismissed an attempted first-degree murder charge against a man accused of shooting Omaha jewelry store owner Larry Gilinsky in the face on May 9, 2006. width: 250px; Subscribe Timothy Ashford v. Marcena Hendrix, No. search results: Unidirectional search, left to right: in Officials said Carrie A. display: inline-block; built ford tough for . background-color: #003388; .votebox_legend { A Maricopa County Superior Court judge recently ruled partially in Hendrix's favor, saying he should be seated Nov. 3.
. text-align: center; IN FACT, WIECH TOLD 911 THAT HIS GIRLFRIEND, CARRIE BROWN, SHOT HERSELF. Employee Job; Mariah Adrianna Mcgrone Records Clerk 1: Records Clerk 1: } $('.showResponses').hide(); Nebraska County Courts .mw-body #mw-content-text th.votebox-results-cell--text { >> MR. WIECH WAS UPSET AND NOT COMPLIANT AND SPEAKING TO FF -- TO FIREFIGHTER CRAIG, HE SAW THAT FIREFIGHTER CRAIG ON TWO OCCASIONS. In Forgey, this court concluded that the requirement that a peace officer shall forward to the director a sworn report within 10 days was directory and not mandatory and we noted that "there is no sanction attached to an officer's failure to file the sworn report with the Department within 10 days." View Pay Details. She wasnt, and the theater banned the man from the premises. } Finally, we conclude that the district court judge did not display bias and did not abuse his discretion in denying sivick's motion for recusal. You have permission to edit this article. letter-spacing: 0.03em; Marcena M. Hendrix Are you Marcena? In June 2018, Millard North Principal Brian Begley was emailed about Andrew McGreevy. Douglas County Judge Marcena Hendrix also tosses misdemeanor charges against 25 protesters View attorney's profile for reviews, office locations, and contact information. The Douglas County attorney said the investigation is ongoing but his office plans to file a misdemeanor motor vehicle homicide charge in juve. . We regret that this occurred and have put measures in place to avoid it occurring again.. Her current term ends on January 7, 2027. He speaks well. letter-spacing: .04em; } You can cancel at any time. [the husband's] motion to determine amounts due was proper under the circumstances in this case. Board of Directors }) } Shop Our Favorite February Amazon Deals Before the Sales End, The 14 Best Mineral Sunscreens of 2023, According to Pros, 14 TikTok-Famous Cleaning Products That Actually Work, According to Our Experts, 14 Best Healthier Candy Alternatives of 2023, According to Taste Tests. width: 43%; 767, 790 n.W.2d 427 (2010). display: inline-block; Contact Information: Phone Number: (402) 444-5387 Fax: (402) 444-6890 Email: leslie.douglas@nebraska.gov Website: http://www.supremecourt.ne.gov/ County Clerk, Judge, or Other Info: Staff: Clerk of Court: Leslie Douglas; Judge: Joseph P. Caniglia (402) 444-5434; Marcena M. Hendrix 1819 Farnam Street (402) 444-5433; [+] General Jury Duty Information 255, 512 n.W.2d 622 (1994). .results_row td { How to vote | Marcena Hendrix is a judge of the Nebraska 4th Judicial District County Court. vertical-align: top; REPORTER: MORE LAW ENFORCEMENT ARRIVED ON SCENE TO HELP DIFFUSE THE SITUATION AND THIS TIME, , PROSEUCTORS SAY AN UNCOOPERATIVE WIECH THREATENS A POLICE OFFICER AND HITS HIM IN THE SHOULDER. position: relative; A defense attorney had said Rosales-Flores did not have a history of violence and is the father of six children. $('.pastResponses').show(); Hon. display: block; But they still are investigating the case for online harassment. 2. Co-Workers & Other Employees. var nTimer = setInterval(function() { a party that assigns error in a proceeding must point out the factual and legal bases that show the error. Brown was in a bedroom of the home with a gunshot wound.The circumstances surrounding her death are still under investigation.This is a developing story, look for updates from the KETV Mobile App. the district court therefore excluded those expenses, and its calculation of robert's contribution is summarized as follows: 2008: $5,591.24 - $480 - $871.25 - .23 = $975.20 2009: 2,547.02 - 480 - 1,312.50 - .23 = 173.54 2010: 1,839.05 - 480 - 822.50 - .32 = 171.70 $1,320.44. If the duty is not essential to accomplishing the principal purpose of the statute but is designed to assure order and promptness in the proceeding, the statute ordinarily is directory and a violation will not invalidate subsequent proceedings unless prejudice is shown.'". 1992) Date Filed: December 28th, 1992 Numerous times since then, the now-20-year-old called the detective assigned to the case or the main department number to try to talk to other detectives. if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; .courts-container { background-color:#fcfcfc; width:100%; border:1px solid black;padding:5px;text-align:center;clear:both; } Omaha police said the allegations were not passed onto them. padding-top: 3px; a trial judge should recuse himself or herself when a litigant demonstrates that a reasonable person who knew the circumstances of the case would question the judge's impartiality under an objective standard of reasonableness, even though no actual bias or prejudice was shown. He speculates that Hendrix waited "for years before suddenly making a claim for thousands of dollars in childcare and uninsured medical expenses," brief for appellant at 19, so that sivick "would be required to pay that claim within 10 days, . padding-bottom: 7px; >> AT SOME POINT THE DEFENDANT REPORTS TO 911 THAT KERRY BROWN HAD SHOT HERSELF AT THAT RESIDENCE. Sheryl L. Lohaus (Judge) Hon. She says she acted in self-defense. the childcare provision stated in part that "[m]onthly [Hendrix] shall submit to [sivick] copies of all statements and/or receipts for employment-related daycare" and that sivick shall reimburse Hendrix for his percentage of the total monthly expenses incurred by Hendrix within 10 days. He was acquitted of misdemeanor trespass. Richard J. Henkenius, pro se. the decree contained separate provisions for childcare expenses and for uninsured medical expenses. $('#candidate-connection-twitter-91230').on('click', () => { ga('send', 'event', 'surveycta', 'surveycta-click-twitter'); }); That means he would sign his name and promise to make court appearances without posting any money.Cathy Saathoff said Wiech has no criminal record, worked as a police officer for 23 years and was in the United States Air Force for 11 years. Forgey v. Nebraska Dept. Carolus, who is a junior at Nebraska Wesleyan University in Lincoln, said she connected with the man in November via the online dating app Tinder. In September, Crawford was convicted of misdemeanor property damage and misdemeanor disorderly conduct. Read more, A shoplifter made it easy for police to find him when he filled out a job application at the store he stole from. He is charged with first-, An unsettling part of modern life is how online platforms give people expanded opportunity to bring pain to others. padding-bottom: 0px; position: relative; .widget-row { margin-bottom: 0; word-wrap: break-word; "'If the prescribed duty is essential to the main objective of the statute, the statute ordinarily is mandatory and a violation will invalidate subsequent proceedings under it. see Zetterman v. Zetterman, 245 neb. More law enforcement arrived on scene and an Omaha police officer tried to diffuse the situation. Marcena Hendrix was retained to the Nebraska 4th Judicial District County Court on November 3, 2020 with 72.3% of the vote. We know that domestic violence is an unreported crime, a Women's Fund spokeswoman said. In addition, he was ordered to undergo random drug and alcohol tests. View Marcena Hendrix M Full Profile . Rene Rosales-Flores, 28, will be released from. Lindberg said firefighter, Aaron Craig tried speaking with a "heavily intoxicated" Wiech. near:5 gun, "gun" occurs to either to We conclude that Hendrix's failure to submit documentation supporting childcare expenses on a monthly basis as directed by the decree did not relieve sivick of his obligation to reimburse her for his proportionate share of childcare and uninsured medical expenses within 10 days of the request. Omaha police said a female detective is assisting in the case. Hendrix worked for U.S. Magistrate Judge Louis Moore Jr. at the U.S. District Court of Louisiana, where she reviewed and researched federal cases. the support of one's children is a fundamental obligation which takes precedence over almost everything else. Update: Craig Wiech, 52, is being held in lieu of $1 million bond, a judge ruled Thursday. Judges: Recusal. OMAHA Omaha's top prosecutor plans to appeal a judge's dismissal of cases against 25 protesters arrested as part of a much larger mass arrest during a demonstration opposing racial injustice. Past President Interns wanted: Get paid to help ensure that every voter has unbiased election information. a motion to recuse for bias or partiality is initially entrusted to the discretion of the trial court, and the trial court's ruling will be affirmed absent an abuse of that discretion. Click here to contact our editorial staff, and click here to report an error. } Hearst Television participates in various affiliate marketing programs, which means we may get paid commissions on editorially chosen products purchased through our links to retailer sites. Its unfortunate what happened. Read more, Richard L. McIntyre, 57, was run over last Feb. 3 by a Ford F-250 pickup truck. She said she felt shocked and uncomfortable but didnt know what to do. background-color: #f9f9f9; vertical-align: top; a trial judge should recuse himself or herself when a litigant demonstrates that a reasonable person who knew the circumstances of the case would question the judge's impartiality under an objective standard of reasonableness, even though no actual bias or prejudice was shown. $('.hideResponses').hide(); The report prompted Pfeifer, now a truck driver from Plattsmouth, to go to the Nemaha County Attorneys Office and relate something Keadle told him in that countys jail about the missing student. Paid to help ensure that every voter has unbiased election information will be released from in June,... Carrie BROWN, SHOT HERSELF in June 2018, Millard North Principal Brian was. } `` he makes some attempts to judge marcena m hendrix him down and keep him from entering! 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