Sunday, April 09, 2006
Nebraska Supreme Court dismisses Sarpy County Attorney's appeal from Juvenile Court's throwing out manslaughter charges from accidental shooting In Re Sean H The Sarpy county attorney charged a juvenile with manslaughter after the boy accidentally shot and killed his friend. Following the delinquency trial, the Sarpy County Juvenile Court dismissed the more serious charge and the prosecutor sought an appeal directly to the Nebraska Court of appeals. The Nebraska Supreme Court dismisses the county attorney's appeal for lack of jurisdiction The county attorney sought direct appeal to the court of appeals, as the Sarpy County Juvenile court is a separate court from the county courts. However the prosecutor may appeal rulings of the juvenile court only in accordance with Section 43-2,106.01 (1) Any final order or judgment entered by a juvenile court may be appealed to the Court of Appeals in the same manner as an appeal from district court to the Court of Appeals. The appellate court shall conduct its review within the same time and in the same manner prescribed by law for review of an order or judgment of the district court . . . . (2) An appeal may be taken by: . . . . (d) The county attorney or petitioner, except that in any case determining delinquency issues in which the juvenile has been placed legally in jeopardy, an appeal of such issues may only be taken by exception proceedings pursuant to sections 29-2317 to 29-2319 Since the county attorney failed to follow this procedure for appealing the results of the delinquency trial, to which jeopardy had attached, the court dismisses the appeal.
Posted by stan_sipple at 7:51 AM