Katko V. Briney - Aftermath

Aftermath

The case had several subsequent results. The Brineys sold 80 of their 120 acres (0.49 km2) to pay the judgment while proceeding with an appeal. Three of Briney's neighbors bought the property at auction, paying $1 more than the minimum bid of $10,000. After the appeal was denied, they made a leaseback arrangement with Briney, but eventually one sold his share to his son for a profit. Briney and Katko then joined in a lawsuit against the neighbor to create a constructive trust on the profit, but the case was settled before trial in an amount sufficient to close out the judgment against Briney.

As Katko's injury was misreported by the United Press International wire service as having taken place in the Briney residence, several states introduced what were called "Briney Bills" for self-defense, which was not at issue in the case. The Nebraska Legislature act, stating that no person ... shall be placed in ... jeopardy ... for protecting, by any means necessary, himself, his family, or his real estate property ..., was overturned due to improper delegation of sentencing authority in State v. Goodseal (1971).

Four years after the case was decided, Briney was asked if he would change anything about the situation. Briney replied: "There's one thing I'd do different, though, I'd have aimed that gun a few feet higher."