Nebraska

Nebraska medical marijuana petition dispute will go to trial

Published

1 year ago

October 11, 2024

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.

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.

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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Nebraska

So Far, so Good for Huskers in the Transfer Portal

Published

7 hours ago

January 4, 2026

Press Room

So Far, so Good for Huskers in the Transfer Portal

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College Football’s 2026 transfer portal process is in its very early stages. Right now, we’re in the period where teams are losing players into the portal, while hosting visitors they hope to sign and bring in sometime in the next couple of weeks. So pretty much everyone is a net negative at this moment.

With that being the case, the negative impact of the portal for Nebraska so far has been minimal…if you consider losing your former five-star, two-year starting quarterback minimal.

Dylan Raiola is the only Husker of real note to enter the portal thus far. Former starting kicker Tristan Alvano and legacy defensive lineman Maverick Noonan announced early, along with several others. The small number (13 so far) is a win. Several starters and reserve contributors have also confirmed they are staying put, while the reserve players who are leaving are presumably looking for a chance at more playing time and/or a slightly bigger payday.

Next season will be the second year of college football under the NCAA mandated roster limit of 105. Teams will still be allowed to go slightly over that limit to accommodate returning players being “grandfather in.” This exception is for players who have been in their program prior to last season when the rule took effect. It allows them to exhaust their eligibility. Right now, Nebraska still has over 100 players on the roster, so depending on how many players stay and how many more they sign out of the portal, some level of roster reduction will still likely need to take place.

As for who head coach Matt Rhule and his staff are targeting, that list starts with now-former Notre Dame quarterback Kenny Minchey. Minchey lost out on the starting job for the Fighting Irish last preseason and played only sparingly 2025. He’s set to visit Lincoln soon.

With only TJ Lateef returning as a scholarship QB, Rhule will likely need to also bring in a second transfer portal signal caller for depth purposes. Nebraska has not signed a quarterback in it’s 2026 high school recruiting class.

Also targeted and set to visit are several of the defensive players transferring from San Diego State, where new Husker Defensive Coordinator Rob Aurich coached last season. At the top of that list is All-Mountain West Linebacker Owen Chambliss. Chambliss racked up 110 tackles during his Aztec career, plus 9.5 tackles for loss that includes four sacks. He’ll have two years of eligibility remaining. Chambliss was one of six Aztecs to garner All-MW honors last season, and at least two of these former SDSU standouts are set to visit Aurich at his new job site.

Right now, the visitor list is extensive, which is a good thing for Rhule considering the players he’s chasing will all have multiple other offers. When his contract extension was announced back on October 30^th, Rhule pointed out that he expected Nebraska to have a good deal more financial resources available to help lure transfers to Lincoln starting this off season. That time has arrived.

Mark Knudson Mark is a former MLB pitcher for the Houston Astros, Milwaukee Brewers and Colorado Rockies. He’s the only person ever to play high school, college and professional baseball in Colorado. Mark earned a BA in Technical Journalism from Colorado State University and has worked in radio, television and print sports media since 1994. He’s the co-author of “Pitching to the Corners” with former teammate Don August and the author of “Just Imagine,” a historical fiction novel about The Beatles.
Mark is currently a feature writer and columnist for Mile High Sports in Denver and recently joined the team at Heavy.com. Mark is also a high school baseball coach in the Denver area. More about Mark Knudson

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What to watch for in Las Vegas Bowl game between Utah and Nebraska

Published

6 days ago

December 29, 2025

Press Room

What to watch for in Las Vegas Bowl game between Utah and Nebraska

The stage is set for Utah and Nebraska to go toe-to-toe in the 2025 Las Vegas Bowl.

The Utes (10-2, 7-2 Big 12) and Cornhuskers (7-5, 4-5 Big Ten) are set to kick off from Allegiant Stadium on Dec. 31 at 1:30 p.m. MT. Fans not making the trip to Las Vegas will be able to tune in via ESPN.

With several bowl game opt-outs and a significant head coaching change headlining the major storylines, here’s what to watch for when Utah and Nebraska take the field on New Year’s Eve.

Morgan Scalley Takes The Wheel

Kyle Whittingham’s expedited takeover in Ann Arbor, Michigan, puts Utah’s longtime defensive coordinator, Morgan Scalley, at the helm of the Utes for the first time as the head coach.

Scalley was previously in charge of the Utah defense for 10 seasons, helping reaffirm the same principles Whittingham established when he was the team’s defensive coordinator; relentless, smart, tough and not prone to giving up a lot of points.

Since 2019, the Utes have held opponents to 15 points or fewer in 36 games, including seven times during the 2025 regular season. Scalley’s defense in 2025 ranked No. 5 in the Football Bowl Subdivision in passing efficiency defense, No. 15 in interceptions (14) and No. 16 in scoring defense, allowing just 18.7 points per game. Utah was No. 2 in the Big 12 in passing yards, allowing 177.5 per game.

It’s safe to assume the transition to Scalley — a Salt Lake City native who’s been on the Utes’ sidelines in some capacity since 2007 — will be seamless for the most part, and that Utah’s defense will continue to be stout as it faces a Nebraska offense that’s being led by a true freshman making his fourth career start. How the Utes as a whole come out of the gate and their intensity and focus on both sides of the ball after the abrupt head coaching switch, will be worth monitoring, though.

Utah’s Bowl Game Opt-Outs

From the sidelines to the field itself, Utah will be without several key figures for its postseason game.

The offensive line, especially, won’t look the same, as both Spencer Fano and Caleb Lomu have opted out of the Las Vegas Bowl while declaring for the 2026 NFL Draft.

It’ll be interesting to monitor how the Utes — who averaged the second-most rushing yards per game (269.8) in the Football Bowl Subdivision in the regular season — function without their two best offensive linemen bookending their front line against a Cornhuskers defense that allowed the third-highest yards per carry average in the Big Ten (4.8).

According to reports, Keith Olsen and Zereoue Williams will fill in for Fano and Lomu along the offensive line. Olsen, a 6-foot-6 junior, started at right tackle for the Kansas game and has allowed one pressure and one hurry in 64 pass blocking opportunities this season, according to Pro Football Focus. Williams, a 6-foot-8 Arizona native, played in all 12 regular season, mainly at left tackle, and recorded 79 total snaps, including 59 on run plays.

As for the other side of the ball, Utah will be down without its main edge rushers in John Henry Daley and Logan Fano. Daley’s absence has been felt since his season-ending injury against Kansas State in November; Logan, meanwhile, recently announced with his brother that he’ll be entering the 2026 NFL Draft.

Utah’s Offensive Play-Calling

First-year offensive coordinator Jason Beck has orchestrated the Utes offense to the tune of 41.1 points per game — the third time since 1930 that Utah averaged over 40 points per game — and 478.6 total yards of offense per game, ranking No. 6 in the Football Bowl Subdivision. He’s been creative, too; from wildcat packages, flea flickers, defensive players lined up at skill positions and designed run plays for both the starting and backup quarterback.

A standalone postseason game to cap off the 2025 campaign will give Beck more opportunities to show what he’s got up his sleeves as a play-caller. And given his name has been attached to the list of assistants Whittingham will reportedly target to join him at Michigan, it’ll be interesting to see how Beck approaches what could be his final game as the Utes’ offensive coordinator.

Not to mention, Utah won’t have its top two tackles leading the way in the run game. If the Utes can’t move the ball with the same consistency they had in the regular season, it’ll be worth monitoring how Beck adjusts.

Will Ryan Davis Play?

Utah’s top receiver wasn’t involved during the home finale against Kansas State and was ruled out for the Kansas game in the days leading up to kickoff. It’s unclear what sort of ailment Davis has been dealing with, though he’d certainly like to be on the field for what will likely be the final college football game of his career.

Davis, a New Mexico transfer who began his career at UAB in 2019, led Utah with 659 receiving yards on 57 receptions, hauling in four touchdowns across 11 regular season appearances.

Nebraska Without Emmett Johnson

The Cornhuskers were middle of the pack in the Big Ten in rushing, averaging 144.7 yards per game during the regular season, due in large part to Emmett Johnson’s success on the ground. The 5-foot-11, 200-pound junior from Minnesota was named the Big Ten Running Back of the Year after totaling 1,451 rushing yards and 12 touchdowns, plus 46 catches for 370 yards and three more touchdowns. His 1,821 scrimmage yards ranked No. 2 in the country.

The Utes won’t have to worry about trying to slow down Nebraska’s dynamic tailback, though, given he’s already declared for the 2026 NFL Draft.

Utah struggled defending the run down the stretch of the regular season, giving up 275.3 rushing yards per game and yielded 7.1 yards per carry in November, including 472 yards on the ground to Kansas State on Nov. 22.

MORE UTAH NEWS & ANALYSIS

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Nebraska Looks for Answers at Linebacker

Published

7 days ago

December 28, 2025

Press Room

Nebraska Looks for Answers at Linebacker

The Las Vegas Bowl offers a spotlight for Nebraska players looking to further cement themselves with the current coaching staff or showcase their abilities for future ones, potentially in the transfer portal.

That makes the New Year’s Eve bowl game an important one for a variety of reasons, not the least of which is the Huskers having a chance to end the season on a strong note after back-to-back ugly losses to Penn State and Iowa to close the regular season.

A lot of focus will be on Nebraska’s offense, as the Huskers have plenty of questions about how TJ Lateef plays with more lead time, how they replace All-American running back Emmett Johnson and what offensive coordinator Dana Holgorsen can cook up after an up-and-down season. But some of the most interesting players for the bowl game are on the defensive side, including freshman linebacker Dawson Merritt.

2025 stats

Eight tackles
One tackle for loss

Linebacker Dawson Merritt should see a much bigger role in 2026. | Kenny Larabee, KLIN

What to know

It isn’t a new feeling for Nebraska fans to be excited about seeing a true freshman linebacker get more opportunities in a bowl game. Just a year ago, Vincent Shavers was in the same spot Merritt is now and turned in a strong performance during the Pinstripe Bowl. Merritt has had plenty of time to get healthy and to learn more of what Rob Dvoracek wants. Could that put him in a position to play more in Las Vegas?

What’s at stake

Merritt could go a long way in helping fans and coaches feel better about a linebacker room that wasn’t Nebraska’s biggest problem, but was far from the level of play the Huskers received in Matt Rhule’s first two seasons.

Merritt has shown himself to be an intriguing player who has flashed when he’s been in games, but clearly also needs more time and more reps to fully become the player he was recruited to be after the Huskers flipped him from Alabama last fall.

Merritt’s bowl game and expected ascension make for an interesting picture at linebacker. The Huskers have to see what the portal holds, both in terms of linebackers leaving and the need to add veterans for depth, as players like Merritt, Christian Jones and others continue to grow and develop.

Spotlight series

Opportunity Knocks for TJ Lateef in Las Vegas Bowl
Nyziah Hunter’s Chance to Reassert Himself As Top Receiver

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