Evidence - Supreme Court Review

Abstract

FIRST PARAGRAPH(S)|While many cases decided by the Nebraska Supreme Court during the survey period turned on evidentiary problems, no decision appears to make any substantial change in Nebraska law. It mayalso be noted that if the Proposed Nebraska Rules of Evidence are adopted the value of prior case law may be greatly diminished.However, to present an overall view of the court's decisions in the last year, a few cases are presented below.|In 1969 the Nebraska Legislature enacted a law controlling the unauthorized interception of wire and oral communications. In 1973 the state supreme court was confronted with applying that law to an evidentiary problem. White v. Longo was an action by a wife against another woman for alienation of her husband's affections and for adultery. In the course of the trial it was revealed that the plaintiff had tapped the telephone wires in the home where she and her husband lived. This was done without the knowledge of either the husband or the defendant. By using the wiretap, conversations between the husband and the defendant were recorded and the recordings were offered in evidence by the plaintiff. The defendant's objections were overruled and the jury was allowed to hear segments of the tapes. The jury returned a verdict for the plaintiff...