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Blog Posts in December, 2014

  • A Lawsuit Up in Smoke?

    || 30-Dec-2014

    About States of Nebraska and Oklahoma v. State of Colorado As you are probably aware, the State of Colorado legalized (to a certain extent) the recreational use of marijuana, and the associated marijuana industry. Legalization occurred through an amendment (Amendment 64) to the Colorado Constitution, which voters approved in November, 2012. The first stores selling recreational use marijuana ...
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  • Should I hire a criminal defense attorney now or wait?

    || 23-Dec-2014

    This is a question frequently asked by clients when looking to hire a criminal defense lawyer for a relative, friend or themself. In my experience, the sooner an attorney from the Berry Law Firm can enter an appearance in a criminal case, the more likely the results are going to be favorable for somebody charged with a serious felony. Because attorneys from our office have represented clients from ...
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  • Reasonable Expectation of Privacy

    || 16-Dec-2014

    The warrant requirement of the Fourth Amendment of the United States Constitution is still alive in the State of Nebraska. In a December, 2014 Nebraska Supreme Court decision, the Court made it clear that the state must follow Federal Court rulings noting that the warrantless search exceptions recognized in the State of Nebraska do not include "probable cause" searches. While cars and ...
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  • Statute of Frauds and Partial Performance

    || 11-Dec-2014

    As a general rule, the Statute of Frauds allows a party to avoid oral agreement for the sale of real estate, the costs of goods over $500, a marriage contract, the guarantee of another's debt, or contracts that cannot be completed within one year; however, where there is partial performance, an oral contract may become enforceable. What if an oral contract is both for over one year and for ...
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  • Ferguson, Eric Garner, and Grand Juries in Nebraska

    || 8-Dec-2014

    With recent events in Ferguson, MO and with Eric Garner in Staten Island, NY, the term "grand jury" has become a much-discussed topic. There has been confusion as to the composition and purpose of a grand jury. Before getting to the topic of grand juries, however, it is important to give a brief overview of how felonies progress through the Nebraska state court system. Felonies in ...
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  • The Under the Legal Limit DUI Arrest

    || 4-Dec-2014

    While state DUI laws vary, most states prohibit driving with a blood alcohol content (BAC) is greater than.08 grams of alcohol per deciliter of your blood, OR while under the influence of any drug, or alcohol. Many people operate a vehicle relatively soon after drinking (like after last call when the bar closes) and do not have a BAC greater that.08, and are not under the influence of alcohol. A ...
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