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Nebraska medical marijuana petition dispute will go to trial

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Nebraska medical marijuana petition dispute will go to trial


LINCOLN, Neb. (WOWT) – The judge overseeing the case on Nebraska’s medical marijuana petitions ruled Friday that the matter will proceed to trial.

In a Zoom hearing Friday morning, Judge Susan Strong overruled the motion to dismiss a cross-claim brought forward by Secretary of State Bob Evnen. She said she was skeptical the cross-claim could stand on its own but would leave questions about standing to the appellate courts.

If passed by voters in November as they stand now, one ballot initiative would allow patients to purchase medical marijuana and the other would allow businesses to sell it.

“We have kind of a burden-shifting situation,” Judge Strong said, noting that good arguments were presented on both sides.

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The trial is expected to take place at the end of October, but Judge Strong proposed to “bifurcate” the trial, potentially dividing the matter into two trials.

And while an extension was sought for issues that weren’t the subject of the original filing, more allegations have come to light that should allow amending of the filings, the judge said.

Certainly some signatures will be thrown out, she said, such as the ones confirmed to be fraudulent. But there may be other situations where the defendants can prove a sufficient number of signatures were collected legally.

But first, the plaintiff and the Secretary of State have to prove the petitions included many signatures that were wrongly obtained — and that intentional fraud was committed, not just clerical errors. If they can’t prove enough signatures are in question that the ballot initiatives would not have been certified for inclusion on the ballot, then the case stops there.

If they do prove it, then it falls to the defendants to prove they obtained enough legal signatures — that circulators and petitions were genuine — to rightly put the matter on Nebraska’s November ballot.

If both arguments are presented and there’s not clear way to tell whether there was widespread wrongdoing, Judge Strong said the decision will default to assume fraud under the precedent of Barkley v. Pool, a case argued in front of the Nebraska Supreme Court in 1919 over women’s suffrage.

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Should the trial move into a second phase, the burden of proof would fall on the defendant to prove that the signatures on the petitions were valid.

That phase likely would be post-election, Judge Strong said.

“That timeline is extremely tight,” she said.

The state’s attorneys said they were supportive of the idea of splitting the case, but the defense said they wanted to talk to their clients about whether to split the case once the formal proposal is filed, so they can see how the state envisions that split.

Regardless, the judge said she is leaning toward doing so, saying that it should benefit the defense as she sees their tasks as daunting.

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“I don’t know how you’re going to concentrate on responding to the plaintiff and the Secretary of State at the same time you’re trying to prove genuineness of signatures. I mean, it sounds like an overwhelming task,” she said.

Noting that the deadlines may need to be fluid given the nature and urgency of the case, the judge granted deadlines to move to Monday for disclosure of exhibits and witnesses and Tuesday for deposition notices.

“Everything has to be somewhat fluid so that I give everybody a fair shake here,” she said at the conclusion of Friday’s hearing.

According to the state’s attorneys, Evnen stands by the work done during the petition certification process.

“It’s clear to us, as we say in our brief, that Sec. Evnen intends to use this case kind of in a broader effort to undermine the initiative process. And we don’t say that lightly. We know that is a bold statement,” he said. “But it’s justified here because he’s advancing a position in this case that has never been adopted by a single court in Nebraska and as far as we can tell has never been adopted by a single court in the entire country.”

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He said that Evnen wants to “balloon” the theory, saying that any mistakes found on certain signatures collected by a petition circulator should not invalidate all 200 pages of signatures collected by that person. The claim moves the dispute from 17,000 to 100,000 signatures.

“It just makes little sense to us that they would come to the court and say, ‘Judge, as a result of notary malfeasance, we want you to strike the will of 100,000 Nebraskans who validly signed this petition.’”

He said the Nebraska AG’s office is conflating “malfeasance” with “fraud” — that malfeasance is a technicality and the plaintiffs aren’t fulfilling the claim of fraud. He also pointed out that notaries have no interaction with the voter, agreeing that if there’s a bad signature by a voter, it should be stricken.

Zachary Viglianco with the AG’s office said that “serious and significant tangible evidence of fraud” has been uncovered in the investigation, noting that two have been officially charged.

“There have been, since the Secretary’s certification, serious and significant tangible evidence of fraud that was uncovered in a investigation in conjunction with local officials that has cast a cloud of certainty over the validity of the signatures — many of the signatures, thousands of the signatures that have been submitted,” he said.

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He said that counter to the defense arguments, the AG’s office has been focused on serious issues with petition validity, not just any mistake for any reason. The crossclaim is focused on serious irregularities, overt fraud, and malfeasance by notaries — criminal activity, not just sloppiness and mistakes.

Evnen has said publicly that he’s not going to take unilateral actions like walking back the certification. Instead, the state is asking the court to look at significant regularities and say whether there are a sufficient number of signatures for the initiatives to legally appear on the ballot.

But Gutman said that Evnen himself would be the one to provide the remedy in the case.

“Secretary of State Bob Evnen is essentially suing himself,” he said.

Defense attorneys said Friday that they hadn’t yet received any notification from the state about which petition pages they allege are fraudulent — that they haven’t been able to examine the evidence. Instead, they said, they were provided a list of all petitions provided from each notary and a general statement saying all are tainted with fraud.

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The attorneys from the AG’s office, however, countered that the entirety of those petitions were precisely those in question, and said those files had been sent out. Those files were so big that even the judge commented on how unwieldy they were, stating that her computer only managed to get about 12% through the file over the span of five or six hours.

  • Notary Shari Lawlor related to petitions submitted in approximately 45 counties.
  • Notary Shannon Coryell related to petitions submitted in approximately 44 counties.
  • Notary Patricia Petersen related to petitions submitted in approximately 54 counties.
  • Notary Kimberly Bowling-Martin related to petitions submitted in approximately 41 counties.
  • Notary Crista Eggers related to petitions submitted in approximately 28 counties.
  • Notary Garrett Connely related to petitions submitted in approximately 45 counties.
  • Notary Marcie Reed related to petitions in submitted in approximately 31 counties.
  • Petitioner Edward Matthews related to petitions submitted in two counties.
  • Peititioner Tommy Davis related to petitions submitted in two counties.
  • Petitioner Linda Middleton related to petitions submitted in three counties

The state says the evidence allegedly impacts petitions collected in at least 71 of Nebraska’s 93 counties:

Read the documents

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How to Watch No. 12 Nebraska Basketball at USC with Preview, Breakdown, TV Channel

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How to Watch No. 12 Nebraska Basketball at USC with Preview, Breakdown, TV Channel


Not even more sickness could stop the No. 12 Nebraska men’s basketball team.

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With a nasty flu strain ripping through the Huskers and the UNL campus as a whole, Nebraska needed a little more time to take care of Maryland, but freshman star Braden Frager and his team-high 21 points and eight rebounds led a late NU surge for a 74-61 victory over the Terrapins. Forward Pryce Sandfort added to the effort with 16 points and eight rebounds while both Rienk Mast (13) and Sam Hoiberg (12) also reached double figures.

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Now with just three games remaining in the regular season, the Huskers venture west for a two-game road trip to L.A., where they start off against a USC team in the middle of a long losing skid. Here’s all you need to know for Saturday’s mid-afternoon showdown between the Huskers and Trojans.

How to Follow Along 

  • Matchup: Nebraska (24-4, 13-4 B1G) at USC (18-10, 7-10 B1G)
  • When: Saturday, February 28
  • Where: Galen Center, Los Angeles, Calif.
  • Time: 3 p.m. CST 
  • Watch: Big Ten Network
  • Listen: Huskers Radio Network and Affiliates

USC head coach Eric Musselman has already surpassed the wins total from his first season in charge of the Trojans. | Adam Cairns/Columbus Dispatch / USA TODAY NETWORK via Imagn Images
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USC Scout

Head Coach

  • Eric Musselman | 2nd season at USC; 11th as HC
  • 35-28 (.556) at USC; 256-121 (.679) College Career Record
  • 6x NCAA Tournament Apps., 2x Elite Eight, 2x Sweet 16, 1x CBI Championship
  • 3x MWC regular season, 1x MWC tournament
  • 1x MWC Coach OTY (2018), 1x NBA D-League Coach OTY (2012)
  • Previous head coach at Arkansas, Nevada, Sacramento Kings and Golden State Warriors
  • Previous assistant at LSU, Arizona State, Memphis Grizzlies, Atlanta Hawks, Orlando Magic and Minnesota Timberwolves

2024-2025 Record & Awards

  • Record: 17-18 (7-13 B1G, T-12th)
  • Finish: L, 60-59 to Villanova in CBC Quarterfinals
  • All-B1G: 1x Honorable Mention

All-Time Series

  • USC leads 6-5
  • Jan. 22, 2025, last matchup, 78-73 USC

Washington guard Desmond Claude (1) was an All-Big Ten Honorable Mention pick last year at USC before transferring. | Steven Bisig-Imagn Images
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Key Returners

  • Terrance Williams II | F | Gr. | Was off to a great start with 10.6 points and 4.6 rebounds per game last year before getting knocked out for the season just seven games in; has not been the same with just 2.5 PPG in 27 contests this season.

Key Departures

  • Desmond Claude | G | Transfer | Named All-Big Ten Honorable Mention last season for the Trojans after leading the team with 15.8 points per game, but transferred to Washington over the offseason.
  • Wesley Yates III | G | Transfer | Another player that transferred to Washington, the Texas native was second on the team last season in scoring (14.1) and steals (40) as a redshirt freshman.
  • Chibuzo Agbo | G | Graduated | Veteran guard that scored 11.8 points per contest while leading the team with 76 made three-pointers as part of his final college season.
  • Saint Thomas | F | Graduated | The Omaha native and Millard North graduate scored 9.5 points and grabbed 5.9 rebounds per game in his final college season.
  • Rashaun Agee | F | Graduated | A 6-foot-8 veteran forward who proved to be USC’s most dangerous threat off the bench by scoring over nine points per game.
  • Josh Cohen | F | Graduated | A 6-foot-10 post that started in 25 of his 33 appearances while adding 5.9 points per game for the Trojans.
  • Clark Slajchert | G | Graduated | Another key reserve for the Trojans who put up four points per game in 11 minutes across 27 games.
  • Kevin Patton Jr. | F | Transfer | After scoring 9.8 PPG at San Diego, the California native saw limited action for USC off the bench to prompt his transfer to New Mexico over the offseason.
  • Matt Knowling | F | Graduated | Played in 27 contests with an average of over 18 minutes, but added little production with three points and 2.6 rebounds.

Another standout guard for USC last season, Wesley Yates III (9) transferred to Washington ahead of his redshirt sophomore year. | Vincent Carchietta-Imagn Images

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Impact Transfers/Newcomers

  • Rodney Rice | G | Jr. | The third leading scorer from a Sweet 16 Maryland squad last season, the transfer scored over 20 points per game for the Trojans before suffering a season-ending shoulder injury in December.
  • Chad Baker-Mazara | G/F | Gr. | A veteran transfer that aided Auburn’s run to the Final Four last season, the Dominican Republic native leads all active Trojans with 18.6 points per game and 71 total assists.
  • Ezra Ausar | F | Sr. | The 6-foot-9 forward transfer from Utah scores over 15 points per game and grabs over six rebounds per contest in an elevated role after the injury to Rice.
  • Alijah Arenas | G | Fr. | The son of former NBA star Gilbert Arenas, the true freshman missed the first 18 games of the season, but he’s been highly productive with a 13.9 points per game average in his first 10 college games.
  • Jacob Cofie | F | Soph. | A massive 6-foot-10 forward from Seattle, the Virginia transfer gives USC a weapon inside with 9.8 points and seven rebounds per game as a full-time starter.
  • Kam Woods | G | Gr. | A mid-season transfer from Robert Morris, where he led the program to its 10th NCAA Tournament appearance, the Alabama native has added over eight points and four rebounds in 16 contests this year.
  • Jordan Marsh | G | Jr. | The 2025 Big South Conference Newcomer of the Year last season at UNC-Ashville, Marsh acts as the sixth man for the Trojans with 6.7 PPG to lead all reserves.
  • Jaden Brownell | F | Gr. | A 6-foot-10 bench forward, the USC big man was a 14-point scorer at Samford last season before making his way to L.A.
  • Jerry Easter II | G | Fr. | An Ohio native who went to the heralded Link Academy in Missouri, Easter II has earned six starts in his 26 appearances by scoring 4.4 points per game.
  • Gabe Dynes | C | Jr. | The 7-foot-5 center led the country in blocks (104) last season at Youngstown State before transferring to USC, where he’s putting up three points per game, but has collected 30 blocks while only averaging 12 minutes per appearance.

Outlook

A veteran head coach at both the college and NBA levels, Eric Musselman was at the center of one of college basketball’s wildest coaching carousel moves following the 2023–24 season, leaving Arkansas for USC and paving the way for the legendary John Calipari to take over the Razorbacks program.

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While Calipari marched his team to a Sweet 16 appearance in his first season, Musselman’s debut season in L.A. ended with a quarterfinal loss in the CBC for an underwhelming year. What followed was an exodus from the program, with top-two scorers Desmond Claude (15.8) and Wesley Yates III (14.1) both transferring to Washington despite standout seasons. Six others graduated, including Omaha native Saint Thomas (9.5) as well as Chibuzo Agbo, a veteran guard who scored 11.8 points per game in his final college season.

That resulted in a whole new crop of transfers to join the team, including the crown jewel of the haul in Rodney Rice, who played a big part in helping Maryland reach the Sweet 16 last season. The junior started out hot for the Trojans, logging over 20 points per game, but a devastating shoulder injury ended his season just seven games in, which immediately lowered the ceiling for a USC team with decent talent. Chad Baker-Mazara has stepped up in the place of Rice with 18.6 points per game and a team-high 71 assists after transferring from Auburn, where he helped the Tigers reach the Final Four.

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Rodney Rice (1) was scoring over 20 points per game for USC before suffering a season-ending shoulder injury in December. | Kiyoshi Mio-Imagn Images

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Utah transfer Ezra Ausar has produced at a high level with over 15 points and six rebounds per contest. Despite missing the first 18 games of the season, true freshman Alijah Arenas has averaged 13.9 points per game as a starter. Sophomore and Virginia transfer Jacob Cofie is the muscle in the post, scoring 9.8 points per game and grabbing a team-high seven rebounds per contest. Similar to Arenas, Robert Morris transfer Kam Woods has been a big mid-season addition with over eight points and 4.6 rebounds per game. Plus, Jordan Marsh (6.7), Jaden Brownell (5.3), and 7-foot-5 center Gabe Dynes give Musselman the opportunity to mix-and-match his lineup off the bench depending on the matchup.

The Rice injury is massive, and could end up being one of the primary reasons for the Trojans missing the NCAA Tournament, for which they are a bubble team in the latest projections. It’s crunch time for USC, which is in the midst of a four-game losing streak after dropping contests to Ohio State, No. 10 Illinois, Oregon, and UCLA. Three of those four were winnable for the Trojans and games that could really haunt them as they search for key wins down the stretch to lock up a spot in March Madness.

Against a Trojan team that doesn’t defend well, but ranks as one of the top rebounding teams in the conference, USC is an interesting matchup for Nebraska. Being on the road and dealing with more sickness isn’t helpful, but I’m riding the Huskers for this one to reach 25 wins on the year.



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Nebraska State Patrol troopers find 242 pounds of cocaine during commercial truck inspection

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Nebraska State Patrol troopers find 242 pounds of cocaine during commercial truck inspection


LEXINGTON, Neb. (KOLN) – Troopers with the Nebraska State Patrol arrested one person after finding more than 240 pounds of cocaine during a commercial vehicle inspection.

On Tuesday afternoon, an NSP Carrier Enforcement trooper conducted a commercial vehicle inspection on a semi tractor/trailer driven by Arwinderjit Singh, 30, of California, near mile marker 254 on Interstate 80.

Arwinderjit Singh mugshot(Dawson County Jail)

During the inspection, the trooper became suspicious of criminal activity. An NSP K-9 detected the odor of a controlled substance inside the cab of the semi, troopers said.

After searching the cab, troopers located 242 pounds of cocaine concealed underneath the sleeper bed, NSP said.

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Troopers with the Nebraska State Patrol arrested one person after finding more than 240 pounds...
Troopers with the Nebraska State Patrol arrested one person after finding more than 240 pounds of cocaine during a commercial vehicle inspection.(Nebraska State Patrol)

Singh was arrested on suspicion of possession of cocaine, possession with intent to deliver, possession of an open alcohol container, no drug tax stamp and displaying a fictitious license plate.

Singh was lodged in Dawson County Jail, and his bond was set at 10% of $2 million. A preliminary hearing is scheduled for March 12.

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Athlete of the Week: Creighton Prep boys wrestling’s Zaiyahn Ornelas

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Athlete of the Week: Creighton Prep boys wrestling’s Zaiyahn Ornelas


OMAHA, Neb. (WOWT) – Creighton Prep senior Zaiyahn Ornelas won his fourth consecutive Nebraska state wrestling title on Saturday.

According to NSAA records, he joins 39 other wrestlers in state history to accomplish the feat.

“It’s a great feeling,” Ornelas said. “It’s a feeling everybody wants.”

The senior ended his career as the 39th four-time state champion in Nebraska history, winning three at Wilber-Clatonia before joining the Jr. Jays.

Ornelas won three Class C state titles at Wilber-Clatonia at 106, 113 and 120 pounds before transferring to Creighton Prep for his senior season, where he competed in Class A at 126 pounds.

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“Three state titles there and then just thought I could bump up my competition,” Ornelas said.

“Zaiyahn is one of the cleanest technicians I’ve ever seen. That’s a huge testament to his coaching staff at Wilber,” Fisher added.

Ornelas was one of four Creighton Prep wrestlers to win state titles this season, helping lead the Jr. Jays to the Class A team title. Teammates said his presence in the practice room raised their level of competition.

“I could never slack off just because my competition in the state was easy. I always had to come in this room and get better or else I was going to get beat,” said sophomore Cruzer Dominguez, a two-time Class A state champion at 106 and 120 pounds.

Sophomore Kameron Green, the Class A 144-pound state champion this year, also credited Ornelas for aiding in his development.

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“Zaiyahn being a training partner has helped me in tremendous ways,” he said. “When he wrestles, he’s not the nicest or shyest kid, but he’s tenacious and tough.”

The sophomore won his first state title after finishing as a runner-up at 126 pounds as a freshman.

Junior JT Smith, a two-time state champion at 175 and 190 pounds, said the achievement carries weight for the entire team.

“It’s something really special to have a teammate that’s a four-time state champion,” he said. “That’s something everyone wants to be.”

The junior finished the season as a back-to-back state champion after winning a gold medal at 175 pounds as a sophomore.

Fisher said Ornelas’s attitude set the tone from the start.

“He has so many skills and then coming into our room, he’s extremely coachable. Every time he came in here he was humble, ready to work, wanting to get better and that’s why he is as good as he is,” Fisher said.

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Ornelas signed to wrestle at the University of Nebraska in November. He said the move to Creighton Prep delivered what he was looking for.

“This is the reason why I came here. I went out to explore, to find the best, and this is the territory that I found. If it wasn’t for these guys — the push — I would have not been there,” Ornelas said.

“It’s hard to believe. That’s kind of what I wanted since the beginning, freshman year,” he said.

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