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Nebraska man wants new sentence for 1983 crime overturned

Brian Smith (NE DOC Photo)
Brian Smith (NE DOC Photo)

LINCOLN, Neb. (AP) — A man has asked the Nebraska Supreme Court to overturn his resentencing to 90 years to life in prison, saying the new sentence is, effectively, a life sentence that’s unconstitutional in his case.

Brian Smith originally got life for a kidnapping in 1983 that led to the death of Mary Jo Hovendick. Smith was 16 then.

In 2010 the U.S. Supreme Court barred sentencing juveniles to life without parole in nonhomicides. In February a Washington County judge resentenced Smith.

On Monday Smith’s attorney told the Nebraska justices that the new sentence amounted to life without parole, saying Smith was being denied a meaningful opportunity for release, which is prohibited by the 2010 U.S. Supreme Court case.

The state’s high court will rule later.

21-year-old Osmond man killed in crash near Lincoln

lancaster-county-sheriffLINCOLN, Neb. (AP) — A 21-year-old northeastern Nebraska man has been killed in a fiery crash involving two semitrailers on U.S. Highway 77 just north of Lincoln.

The Lancaster County Sheriff’s Office says Brandon Gerdes, of Osmond, was driving a grain truck south on the highway when he was broadsided by a semi hauling rock.

Investigators say the grain truck rolled onto its side and burst into flames. Gerdes was pronounced dead at the scene.

Officials say the driver of the rock truck, 67-year-old Gary Jacobsen of Garland, was taken to a hospital with critical injuries. Officials say he is expected to survive.

Donald Kent Bandy

bandy

 

Donald Kent Bandy, age 96 of Stapleton, passed away Saturday December 3, 2016 at Linden Court.

Don was born on October 6, 1920 near Lewellen, NE to Jesse and May (Gray) Bandy.  He attended school in the Rackett area in Garden County.  One of five children, he was raised on a ranch 35 miles north of Oshkosh, growing up fast learning to be a cowboy.  As a teenager they would drive 1800 head of cattle 100 miles through the hills twice a year, a cattle drive that would take about 18 days.  Don began the rodeo circuit at the age of 13 and participated in rodeos in Nebraska, Kansas, Colorado, New Mexico and Texas.  He became a member of the Turtle Cowboy Association in 1941 in Burwell, NE.  The organization later changed their name to the Rodeo Cowboys Association from 1946 to 1975, and then became the Professional Rodeo Cowboy Association or PRCA.  He entered the US Army August 1, 1942 and served in Hawaii, then Ft. Robinson in Nebraska where he trained dogs and horses.  He was honorably discharged on January 31, 1946.  After his discharge, he returned to the ranch on the Dismal River from 1946 to 1949, then to the Garden County ranch until 1955.  He continued rodeoing after his discharge, having much success and numerous broken bones and other injuries along the way.  He worked between the family ranch in Nebraska and one they bought in Montana, always taking excellent care of his ailing parents until their deaths.  In 1986 he and his nephew, Bobby Cotton bought property 12 miles east of Stapleton and he spent time working between there and the Gordon ranch in Wyoming.  He enjoyed helping with brandings, haying and lending a hand to neighbors when they needed it.

Don is survived by his sister Jack Cotton of North Platte; nieces and nephews Lois Cotton of Stapleton, Carolyn Anthony of North Platte, Reva (Bill) Coulter of North Platte, Gary Gordon of Newcastle, WY, Bruce Gordon of North Platte, Linda Johnson of Cambridge, NE, and Neville (Mary) Bandy of Oshkosh, NE; as well as numerous other family members and many friends.

He was preceded in death by his parents; brothers, Richard Bandy and Floyd “Heavy” Bandy; and a sister, Thelma Gordon.

Memorials are suggested to the donor’s choice and online condolences may be shared at www.adamsswanson.com.  Funeral services will be 10:30 a.m. Saturday December 10, 2016 at Adams and Swanson Funeral Home with Reverend Dynette Oberg and Pastor Frank Scott officiating.  Burial will follow at Antelope Valley Cemetery in Oshkosh, NE.  Visitation will be from 9:00 a.m. until 9:00 p.m. Friday December 9, 2016 at Adams and Swanson Funeral Home which is in charge of arrangements.

North Platte Weather-December 6

forecast-graphic-december-6-2016Today
Sunny, with a high near 32. Wind chill values as low as -2. West northwest wind 6 to 11 mph.
Tonight
A 40 percent chance of snow after midnight. Cloudy, with a low around 11. Wind chill values as low as -1. North northeast wind 5 to 10 mph.
Wednesday
A 40 percent chance of snow before noon. Mostly cloudy, with a high near 19. Wind chill values as low as -3. North northwest wind 11 to 15 mph, with gusts as high as 22 mph.
Wednesday Night
Partly cloudy, with a low around 1. Wind chill values as low as -12. Northwest wind 8 to 10 mph.
Thursday
Sunny, with a high near 19. Northwest wind 7 to 11 mph.
Thursday Night
Partly cloudy, with a low around 3.
Friday
Partly sunny, with a high near 31.
Friday Night
Mostly cloudy, with a low around 17.
Saturday
Partly sunny, with a high near 43.
Saturday Night
Mostly cloudy, with a low around 19.
Sunday
Mostly sunny, with a high near 37.
Sunday Night
Mostly cloudy, with a low around 17.
Monday
Mostly sunny, with a high near 40.

Farm Bureau: Widen sales tax base, lower property taxes

NE-Farm-BureauKEARNEY, Neb. (AP) — The Nebraska Farm Bureau is calling for state officials to lower property taxes by broadening the state’s sales tax base.

Farm Bureau President Steve Nelson made the suggestion Monday at the group’s annual meeting in Kearney. Nelson says reducing property taxes would help restore balance with income and sales taxes.

Broadening the sales tax base would likely require lawmakers and the governor to eliminate exemptions, providing revenue that would make up for lost property tax collections.

Nelson says the current system places much of the tax burden on homeowners, farmers, ranchers and other business owners.

Nelson says broadening the sales tax base would help keep the proposal budget neutral. Lawmakers will face a nearly $1 billion projected shortfall in next year’s session.

Nebraska to host event with AOL founder, ‘Duck Dynasty’ star

farmlandLINCOLN, Neb. (AP) — Nebraska is hosting a farm conference next week that will include America Online co-founder Steve Case, “Duck Dynasty” star Willie Robertson and local celebrities.

The Farmer 2 Farmer event hosted by Farmers Business Network runs from Dec. 12-14 at the Hilton Omaha. Gov. Pete Ricketts, Omaha Mayor Jean Stothert and legendary former Husker coach Tom Osborne are expected to attend.

The event is expected to draw around 1,500 farmers and industry leaders. Case, Osborne and Robertson are scheduled to give speeches.

Farmers Business Network is an independent farmer-to-farmer network, helping producers share farm data to make agronomic and financial decisions.

The event will focus on American entrepreneurs. Last year’s conference was held in Davenport, Iowa, with more than 600 guests from 20 states.

 

Author releases book based on serial killer’s prison art

john-joubertOMAHA, Neb. (AP) — An author who unsuccessfully sued the state for access to a serial killer’s prison drawings has published the artwork of John Joubert in a new book.

The Nebraska Supreme Court refused last year to release the drawings Joubert made before his execution in 1996.

Author Mark Pettit said Monday that a source provided him a copy of the drawings while his case was pending, but he waited to publish them until after Nebraskans voted to reinstate the death penalty this fall.

Pettit is a former Omaha reporter who had previously written a book about Joubert and his crimes.

Joubert was convicted of fatally stabbing two Bellevue-area boys, ages 12 and 13, weeks apart in 1983. He was also convicted of killing an 11-year-old boy in Maine in 1982.

Report: Nebraska needs $16.6 billion for roads over 20 years

roadLINCOLN, Neb. (AP) — A new report says Nebraska will need $16.6 billion over 20 years to meet its road project needs.

The Department of Roads announced the inflation-adjusted estimate Monday in testimony to a joint legislative committee. The department is required by law to outline its long-term needs each year.

Department Director Kyle Schneweis says his agency is in an “enviable” position with $500 million on hand for construction. Schneweis says state officials recognize that the needs will always be greater than the money available for projects.

Nebraska approved $450 million infrastructure package earlier this year to accelerate work on a backlog of progress. In 2011, lawmakers passed legislation to divert roughly $75 million a year in sales tax revenue into road projects.

Whiteclay beer stores reapply for Nebraska liquor licenses

whiteclay-neLINCOLN, Neb. (AP) — Four beer stores in Whiteclay are reapplying for licenses to sell alcohol in the unincorporated village next to South Dakota’s Pine Ridge Indian Reservation.

The Nebraska Liquor Control Commission received the applications late last week. In November, the commission ordered the four stores to reapply and demonstrate that they can meet state requirements such as providing adequate law enforcement.

The village with a dozen residents sold the equivalent of 3.5 million cans of beer last year. The Pine Ridge Indian Reservation bans alcohol but is plagued by alcoholism.

Commission Executive Director Hobert Rupe says the re-applications will first go before Sheridan County commissioners. If the county commission recommends against the renewals or if three county residents file a protest, the applications will go to the state liquor control commission.

Omaha could create nonprofit to subsidize convention groups

omahaOMAHA, Neb. (AP) — The Omaha City Council is considering a proposal to create a nonprofit that would provide subsidies for groups bringing conventions to the area.

The nonprofit would allow the Convention and Visitors Bureau to get around rules that give the public and City Council oversight on how tax money is spent.

Bureau Director Keith Backsen says Omaha has more than $1 million set aside for incentives. Money would move into a separate fund when a group commits to a convention, and the nonprofit would give out the money.

The city’s finance director, Steve Curtiss, says the nonprofit will keep other cities from figuring out how much Omaha subsidizes conventions.

Councilman Franklin Thompson says he’s excited about the proposal but concerned about the lack of transparency.

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