Friday, May 18, 2007
Grandpa put bond money for the defendant's child abuse case, which started at $150000 but ended up at $10% of $50000. The defendant assigned the bond proceeds to grandpa. The county attorney also sought to garnish the bond fund for past due child support. The Lancaster County District Court denied the county attorney's request to intercept the bond money and ordered it paid to grandfather and the County Attorney appealed. Nebraska Supreme Court dismisses appeal for lack of jurisdiction, finding the State was not authorized to appeal this garnishment type action from a criminal case. State v. Merrill, S-06-081 We do not find such statutes (garnishment provisions of §25-1301 [(Cum. supp. 2006)] and §25-1911] authorize the (county attorney's) appeal in this case. the state’s remedy is in the civil case. regardless of the status of that civil proceeding, the state has no specific statutory authorization to appeal the December 15, 2005, order entered in this criminal case directing the clerk to return the posted bond money to Andersen.