Articles Posted in Juvenile Law

by
The Supreme Court affirmed the district court’s grant of Defendant’s motion to transfer his case to juvenile court. Defendant was seventeen years old when he was charged with multiple felonies. The district court sustained Defendant’s motion to transfer the case to juvenile court. The State appealed. The Supreme Court affirmed, holding that the district court did not abuse its discretion in transferring the matter to juvenile court because (1) the State failed to meet its burden to show that a sound basis existed for retaining the matter in district court; (2) district the court sufficiently made the required findings pursuant to Neb. Rev. Stat. 435-276; and (3) any error in the court’s deciding of the motion to transfer without first reading and considering police reports related to the investigation of the crimes charged was harmless. View "State v. Tyler P." on Justia Law

by
The Supreme Court vacated the order of the separate juvenile court of Douglas County extending a juvenile’s term of probation and imposing additional community service, holding that the court did not follow applicable statutory procedures and thereby exceeded its statutory authority. The State moved to revoke probation after the juvenile, who was on probation pursuant to a previous adjudication, allegedly committed a new offense. When the juvenile entered a denial to the new charge, however, the State withdrew its motion. The juvenile court nonetheless extended the term of probation and imposed additional community service. The Supreme Court vacated the order and remanded the cause for further proceedings, holding that the juvenile court exceeded its statutory authority in changing the terms of the juvenile’s probation. View "In re Interest of Josue G." on Justia Law

Posted in: Juvenile Law

by
The Supreme Court affirmed the ruling of the court of appeals that the State failed to prove beyond a reasonable doubt that K.M. committed first degree sexual assault under Neb. Rev. Stat. 28-319. The separate juvenile court adjudicated K.M. as being a juvenile who committed an act that would constitute a felony by committing first degree sexual assault based on the victim’s lack of capacity. The court of appeals concluded that the juvenile court erred in finding that K.M. subjected the victim to sexual penetration because the State failed to prove that K.M. knew or should have known that the victim was mentally or physically incapable of resisting or appraising the nature of his conduct. The Supreme Court affirmed, holding that the State failed to prove that the victim actually lacked the capacity to consent. View "In re Interest of K.M." on Justia Law

by
The Supreme Court affirmed the district court’s denial of Keshaud Hunt’s motion to transfer his case charging him with multiple felonies arising from two armed robberies to juvenile court. Hunt was fifteen years old when he committed the offenses underlying the charges. The Court also affirmed the district court’s denial of Hunt’s request for disposition under the Nebraska Juvenile Code and imposition of consecutive prison sentences. The Court held (1) the district court’s basis for retaining jurisdiction over Hunt was supported by appropriate evidence, and therefore, the court did not abuse its discretion in refusing to transfer the case to juvenile court; and (2) there was no abuse of discretion in the sentences imposed. View "State v. Hunt" on Justia Law

by
The Supreme Court affirmed the order of the separate juvenile court transferring Steven S.’s case to county court, holding that there was no abuse of discretion in the transfer. The State charged Steven, a juvenile, with escape and simultaneously filed a motion to transfer Steven’s case from juvenile court to county court. The juvenile court concluded that the State had proved by a preponderance of the evidence that the matter should be transferred to county court. The Supreme Court affirmed, holding that, upon the Court’s de novo review of the record, the juvenile court did not abuse its discretion in ordering that Steven’s case be transferred to county court. View "In re Interest of Steven S." on Justia Law

by
The Supreme Court affirmed Defendant’s convictions of two counts of first degree murder and two counts of use of a deadly weapon to commit a felony, holding that Defendant’s assignments of error were without merit. On appeal, Defendant argued that the district court erred by not admitting photographs he claimed supported his defense that another individual committed the murders and that his collective sentence of ninety to 140 years’ imprisonment was the functional equivalent of a sentence of life imprisonment. The Supreme Court disagreed, holding (1) the district court did not abuse its discretion in excluding the photographs by reasoning that the small amount of relevance was outweighed by Neb. Evid. R. 403; and (2) Defendant, who was a juvenile at the time the crimes were committed, received the protections required by Miller v. Alabama, 567 U.S. 460 (2012). View "State v. Trotter" on Justia Law

by
The Supreme Court affirmed Defendant’s convictions of two counts of first degree murder and two counts of use of a deadly weapon to commit a felony, holding that Defendant’s assignments of error were without merit. On appeal, Defendant argued that the district court erred by not admitting photographs he claimed supported his defense that another individual committed the murders and that his collective sentence of ninety to 140 years’ imprisonment was the functional equivalent of a sentence of life imprisonment. The Supreme Court disagreed, holding (1) the district court did not abuse its discretion in excluding the photographs by reasoning that the small amount of relevance was outweighed by Neb. Evid. R. 403; and (2) Defendant, who was a juvenile at the time the crimes were committed, received the protections required by Miller v. Alabama, 567 U.S. 460 (2012). View "State v. Trotter" on Justia Law

by
The Supreme Court affirmed the disposition of the juvenile court that ordered Juvenile placed in a residential group home, holding that the out-of-home placement order complied with Neb. Rev. Stat. 43-251.01(7). Section 43-251.01(7) requires that a juvenile not be placed out of his or her home as a dispositional order unless all available community-based resources have been exhausted and there is a significant risk of harm to the juvenile or community by maintaining the juvenile in the home. Here, the juvenile court, in a written disposition order, placed Juvenile on probation for two years and ordered her to reside at a Boys Town group home. The Supreme Court affirmed, holding that the out-of-home placement complied with the requirements of the statute. View "In re Interest of Keyanna R." on Justia Law

Posted in: Juvenile Law

by
The Supreme Court affirmed the disposition of the juvenile court that ordered Juvenile placed in a residential group home, holding that the out-of-home placement order complied with Neb. Rev. Stat. 43-251.01(7). Section 43-251.01(7) requires that a juvenile not be placed out of his or her home as a dispositional order unless all available community-based resources have been exhausted and there is a significant risk of harm to the juvenile or community by maintaining the juvenile in the home. Here, the juvenile court, in a written disposition order, ordered Juvenile placed at Boys Town group home. The Supreme Court affirmed, holding that the out-of-home placement complied with the requirements of the statute. View "In re Interest of Nicholas K." on Justia Law

Posted in: Juvenile Law

by
The Supreme Court affirmed the disposition of the juvenile court that ordered Juvenile placed in a residential group home, holding that the out-of-home placement order complied with Neb. Rev. Stat. 43-251.01(7). Section 43-251.01(7) requires that a juvenile not be placed out of his or her home as a dispositional order unless all available community-based resources have been exhausted and there is a significant risk of harm to the juvenile or community by maintaining the juvenile in the home. Here, the juvenile court, in a written disposition order, ordered Juvenile placed at Boys Town group home. The Supreme Court affirmed, holding that the out-of-home placement complied with the requirements of the statute. View "In re Interest of Nicholas K." on Justia Law

Posted in: Juvenile Law