Latest 2 Cases: OMNI Behavioral Health v. State (Contracts), State v. Warlick (Criminal Law)

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AUSTIN SARAT

Austin Sarat—Associate Provost and Associate Dean of the Faculty and Professor of Jurisprudence & Political Science at Amherst College—comments on the decomposition of the legal injection paradigm over the past few decades, since it was first adopted in Oklahoma in 1999. Professor Sarat observes the evolution of the procedure over time and points out that none of the changes has resolved lethal injection’s fate or repaired its vexing problems.

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JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman comments on a Texas bill that would allow teens to access birth control without parental involvement. Professor Grossman describes the current state of reproductive health laws and policies in Texas and explains why the proposed bill is so important.

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OMNI Behavioral Health v. State

Citation: 308 Neb. 692

Opinion Date: March 19, 2021

Judge: Papik

Areas of Law: Contracts

The Supreme Court affirmed the order of the district court affirming the judgment of the Nebraska Department of Health and Human Services (DHHS) concluding that DHHS had overpaid OMNI Behavioral Health (OMNI) under a contract, holding that there was no merit to the errors assigned by OMNI. Under the contract at issue, OMNI agreed to operate a group home and provide services for individuals with developmental disabilities. In 2018, DHHS issued a notice of overpayment to OMNI determining that OMNI was overpaid under the contract by $34,876. After a hearing, hearing officer recommended that DHHS' finding of an overpayment be affirmed. The director of the Division of Developmental Disabilities adopted the hearing officer's order as the final order. The Supreme Court affirmed, holding that there was no merit to the errors assigned by OMNI.

State v. Warlick

Citation: 308 Neb. 656

Opinion Date: March 19, 2021

Judge: Freudenberg

Areas of Law: Criminal Law

The Supreme Court affirmed all of Defendant's convictions with the exception of the misdemeanor violation of carrying a concealed weapon in violation of Neb. Rev. Stat. 28-1202, which the court reversed and remanded with directions to vacate, holding that the insufficient to support the conviction for carrying a concealed weapon. Specifically, the Supreme Court held (1) the district court for York County was the proper venue in which to bring charges against Defendant; (2) the district court did not err by commencing the trial without appointing him counsel or standby counsel; (3) the district court did not violate Defendant's right to be present when it commenced trial with Defendant's representing himself pro se and when it continued with the trial after Defendant failed to reappear following noon recess; and (4) while the evidence was sufficient to support the majority of Defendant's convictions, there was insufficient evidence to support a finding that Defendant was carrying a weapon concealed on or about his person.