Nebraska
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.
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.
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.
“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.”
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.
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.
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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They say all roads lead home, and for Daniel Kaelin, that remains true as he returns to Lincoln after a year away from the program in 2025.
The former four-star Belleview West (NE) star heads into his sophomore season in his second stint as a Husker, ready to compete for an impactful role. Though he’ll likely be on the outside looking in, in terms of earning the starting job, after gaining starting experience at his previous school, he won’t go down without a fight.
Now, after roughly a week and a half of spring football practices in the books, Kaelin met with the media Wednesday. During his time at the mic, the Nebraska native touched on a variety of topics, including his decision to come home, an ego-less quarterback room in Lincoln, and much more.
It didn’t take long for the will-be sophomore to get asked about his decision to return to Nebraska. After explaining the values he got out of his time away, Kaelin described it as something he’s as excited about as he is thankful for.
“It’s been really good,” said Kaelin. “Nebraska’s my home, and there are so many people on this team that I have a good relationship with. So, the transition has been really smooth. I’ve been enjoying being back, for sure”.
Leaving after the end of the 2024 season, Kaelin’s path towards competing for a starting job appeared to be full of obstacles. But a little over a year after he transferred to Virginia, the situation has changed dramatically. Back in the scarlet and cream, a year older and with more experience, the soon-to-be third-year player is enjoying his return, to say the least.
In his time as a Cavalier, the then-redshirt freshman saw action in seven games. Despite a sparing role, he still managed to throw for the first 339 yards of his career, while also scoring his first collegiate touchdown. Kaelin also proved to be a threat on the ground, with 12 carries for 72 yards.
In total, he amassed 400 all-purpose yards at Virginia and comes to Nebraska more battle-tested than before. Here, the 6-foot-3, 218-pounder will look to grow even more, but was asked to reflect on what he gained during his stay on the East Coast.
“It was my first time being away from home,” he said. “I think that year- doing things on my own- was probably big for me becoming an adult. I think I learned a lot about myself that way”.
Between personal development and his time on the field, Kaelin’s lone season at Virginia was not for nothing. Instead, a more mature version of the young quarterback is what the Huskers are getting back amongst their ranks. He also provides them with the third quarterback to have started a Power Four game in their career.
After discussing what he gained in his time away, Kaelin was then asked to explain how he landed back in Lincoln ahead of the 2026 season. To somewhat of a surprise, the Nebraska native suggested it wasn’t initially planned. Rather, the opportunity presented itself, and both sides agreed.
“I didn’t really even expect to be leaving the last school I was at,” Kaelin said. “Things kind of happened pretty quickly. When I got in the portal, I was able to get in touch with Coach Rhule, and when I knew that this was a possibility, it just made a lot of sense for me. It is really comfortable for me coming back home and being around people that I know”.
Using his past relationships with coaches and players such as Carter Nelson and Bode Soukup, the former in-state signal-caller is what you’d call back home. Confident, comfortable, and with a lot more to prove, he’ll look to make an impact on the field for the first time as a Husker this fall.
Kaelin was then asked to shed light on the dynamic within the quarterbacks’ room, and his response sounded similar to that of quarterback coach Glenn Thomas earlier in the day. Instead of pushing each other away due to competition, the position group is looking to help each other grow. In fact, Kaelin suggested it may be the most unified position group he’s ever been a part of, and something he views as a positive change.
“There’s egos,” he said. There’s money involved. I think that can create some tension or problems sometimes. There haven’t been any type of issues like that with the room that we have right now; it’s been great.”
While some suggest that his comment may be a back-handed dig at former signal-callers within the room, it’s clear that the Huskers no longer have an issue with competition in 2026. Instead, the group is pushing eachother to improve. And when spring ball and fall camp come to a close, the best man for the job will emerge with the others’ full support.
A big change since Kaelin was on campus in 2024 is NU’s retooled wide receiver room. After welcoming in a new position coach, the Huskers have been able to recruit, retain, and add several high-level players to the unit. When asked to offer his thoughts on the room, the will-be sophomore didn’t hold back his early praise.
“A big thing that we’ve noticed so far is we have guys that make plays,” Kaelin said. “We’ve been challenging them to- when the ball is in the air, it has got to be theirs. We don’t want 50/50 balls. They’ve got to go make plays. And so far, they’ve definitely been doing that. It’s been really impressive to watch”.
Not only are the Big Red’s pass catchers bigger, deeper, and faster than before, but it’s beginning to pay off for the offense this spring. There’s still plenty of time for the quarterbacks and wideouts to develop chemistry, but early reports suggest the relationship has started well.
For Kaelin, it was positive to see the metaphorical boy return as a man. Not only has he gained experience and found success on the field, but he’s also come back with a deeper understanding of what it takes to lead a team. By all accounts, it appears his teammates have taken a liking to him, so don’t be surprised if he sees the field in some role this upcoming fall.
Again, he’s far from guaranteed the starting job here in Lincoln and will have to beat out two players with more experience than he has. Still, it is more than likely that he will take his first snaps as a Husker at some point in 2026. Were he to take meaningful reps, the third-year sophomore has already been tested before, and that gives Nebraska reason for optimism about the room.
Overall, he sounded as if he was preparing to be more than ready when his opportunity comes. Returning home did not come without a price, but don’t expect Kaelin to remain silent his second time around. The Huskers are looking for a player who can reliably make plays, and it’s hard to argue that there would be another player in his position group who cares more about the program than he does.
Still, he’ll have to prove his skill is worthy of deserving that chance. Spring should tell a lot about where he stands.
Nebraska
In a first for Nebraska, federal judge awards attorney’s fees to immigrant who was detained without bond hearing
For the first time, a federal judge in Nebraska has awarded court costs and attorney’s fees to an immigrant who prevailed in a lawsuit challenging his detention without bond.
Senior U.S. District Court Judge John Gerrard, an appointee of former President Barack Obama, issued the ruling on Tuesday and awarded $1,535.23 to Edgar Eduardo Cadillo Salazar. Gerrard had previously ruled that Salazar’s detention at the Cass County Jail without bond was unconstitutional and ordered the government to provide him with a bond hearing or release him from custody.
Under the federal Equal Access to Justice Act, individuals and businesses that prevail in civil lawsuits against the federal government can file a motion to hold the government liable for attorney’s fees and court costs. Judges can order the government to cover those costs unless they find that the government’s position was “substantially justified,” or if “special circumstances make an award unjust.”
Before last summer, when the Department of Homeland Security revised its longstanding interpretation of statute, only immigrants who were encountered at the border or other ports of entry were subject to mandatory detention. Immigrants encountered after residing in the U.S. were typically subject to discretionary detention and eligible for a bond hearing.
The new interpretation has led to detention without bond for tens of thousands of immigrants who would have previously been eligible to bond out – and it’s led to an endless stream of wrongful detention lawsuits in Nebraska and around the country. A Reuters investigation found that federal courts have ruled against the mandatory detention policy more than 4,400 times.
In Gerrard’s order granting Salazar’s request for attorney’s fees, he said the government’s position that all undocumented immigrants are ineligible for bond hearings was not substantially justified.
“This ‘new understanding’ of a decades-old statute has resulted in the government detaining hundreds of thousands of nonviolent individuals, often without due process or other constitutional protections,” Gerrard wrote. “It has also sparked thousands of lawsuits where courts have ordered release of those wrongfully detained, for which neither immigration courts nor the Department of Justice have seemed prepared.”
He continued: “The government has not provided any justification, let alone a substantial one, for its radical departure from the historical treatment of noncitizens who entered the United States without inspection. Its arguments rely purely on statutory interpretation; the government apparently expects it can transform an entire area of administrative law because it unilaterally decided that, for thirty years, everyone was wrong about what a statute meant.”
Salazar was later denied bond by an immigration judge and remains in custody, according to his attorney, Alexander Smith.
Two similar motions were denied last month by U.S. District Court Judge Susan Bazis, an appointee of former President Joe Biden. In both cases, Bazis had ruled in favor of the detained immigrants, and they were later released on bond per her orders. But in her opinions denying attorney’s fees under the EAJA, she found that the government’s position on mandatory detention was “substantially justified.”
“The Court cannot say that the Federal Respondents’ pre-litigation decision to treat [the respondent] as being subject to mandatory detention, while not ultimately correct in this Court’s view, lacked a reasonable basis in law or fact,” Bazis wrote in a footnote of her opinions.
The issue of mandatory detention is currently under consideration by the 8th Circuit Court of Appeals, which covers Nebraska and other Midwest states. In oral arguments last month, the appellate court’s conservative judges appeared friendly to the mandatory detention policy.
The UCLA men’s basketball team made Senior Night one to savor Tuesday, dominating No. 9 Nebraska 72-52 at Pauley Pavilion for its 20th victory of the season and third over a top-10 ranked opponent.
The Bruins improved to 20-10 overall and 12-7 in the Big Ten with one regular season game remaining, Saturday at crosstown rival USC.
Trent Perry scored 20 points, Eric Dailey Jr. had 14 and three players — Tyler Bilodeau, Skyy Clark and Xavier Booker — each added eight points.
“Nebraska’s got a great team,” UCLA coach Mick Cronin said. “This is the best we’ve played all year — they brought out the best in us. We went from our worst defensive effort to our best. They outhustle everyone they play, but not us. Tonight we were great, but I love the way they play. If we had their attitude we’d have their record.”
Eric Freeny had four points, five rebounds and three steals in 18 minutes for UCLA, which got 26 points in the paint and 17 second-chance points.
“Effort is what it takes to win in March,” Freeny said. “It was our last home game. Coach keeps on pushing me to be better everyday.”
Sam Hoiberg had 12 points to lead Nebraska, but Pryce Sandfort, who began the game leading the conference in three-pointers made per game, was held to nine points.
“Sandford has been unbelievable so to hold him to nine points is amazing,” Cronin said. “Brandon Williams was the unsung hero.”
Williams had six points and three rebounds in 12 minutes off the bench.
The Bruins were in control from the opening tip-off and never trailed the Cornhuskers (25-5, 14-5). UCLA improved to 10-3 in all-time against Nebraska and the win greatly strengthened its resume for the NCAA tournament as the Bruins also beat then-No. 4 Purdue 69-67 on Jan. 20 and then-No. 10 Illinois 95-94 in overtime on Feb. 21 on Donovan Dent’s layup with one second left.
“We have to take attitude we came with tonight, bottle it up and take it on the road,” Dailey Jr. said. “We’ve got so much left. The season’s not over… we’re only as good as our last game. It’s all about how you respond. I love the fight that we played with tonight.”
This is the fifth time in Cronin’s seven seasons that the Bruins have won 20 or more games. They are 17-1 at home (their only loss in overtime to Indiana on Jan. 31).
“Since I’ve been here we don’t lose much at home.” Cronin said.
UCLA went ahead by 15 points, 37-22, on Perry’s three-pointer with 2:41 left and led 37-24 at intermission. The Bruins shot 50% from the field in the first half (15 for 30) while Nebraska was only 31% (nine for 29).
The Bruins increased their advantage to 18 points on Dailey’s dunk less than five minutes into the second half and the visitors got no closer than nine the rest of the way.
Prior to pregame introductions the Bruins honored seniors Bilodeau, Dent and Clark; fifth-year player Jamar Brown; redshirt seniors Steven Jamerson II, Jack Seidler and Anthony Peoples Jr; and redshirt junior Evan Manjikian. In a media timeout, midway through the first half, former coach Jim Harrick (who led UCLA to its 11th national championship in 1995) was honored and got a loud ovation.
“I’m happy for our seniors, I didn’t want them to lose their last game at Pauley,” said Perry, who reversed a subpar performance at Minnesota, where he was 0-for-7 from the field with one rebound and one assist in 26 minutes. “I had to come out here tonight and bounce back for my team. I play for something bigger than myself and I’m fortunate to have the type of guys I do around me.”
UCLA guard Skyy Clark looks to pass while under pressure from Nebraska guard Sam Hoiberg and forward Berke Buyuktuncel in the second half.
(William Liang / Associated Press)
Over the last four games, Dent has 46 assists and just two turnovers.
Bilodeau has scored in double figures in 26 of 28 games played, totaling 20 points or more nine times.
Dailey moved to within five points of reaching the 1,000-career point milestone.
UCLA has now made at least one three-pointer in 887 of 888 games dating to February 2000.
“We had one practice this week, that’s it,” Cronin said. “We watched film, had a heart-to-heart talk and a shoot around today but that’s it.”
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