Justia Nebraska Supreme Court Opinion Summaries

Defendant was convicted of first degree murder and sentenced to life imprisonment for a murder he committed when he was sixteen years old. More than fifteen years later, Defendant filed an amended postconviction motion challenging his life imprisonment sentence. The district court denied the motion. After Defendant appealed, the U.S. Supreme Court decided Miller v. Alabama, which held that the Eighth Amendment forbids a state sentencing scheme that mandates life in prison without the possibility of parole for a juvenile offender convicted of homicide. The Supreme Court reversed in this case, holding (1) the rule announced in Miller applied retroactively to Defendant; and (2) Defendant’s sentence was unconstitutional under Miller, and therefore, Defendant was entitled to be resentenced. Remanded. View "State v. Mantich" on Justia Law

After a jury trial, Defendant was convicted of two counts of first degree felony murder and other charges arising from three shootings. At the time of the shootings, Defendant was fifteen years old. Defendant was sentenced to two life terms without the possibility of parole for the murder counts. The Supreme Court affirmed Defendant’s convictions in all respects but vacated the sentences of life imprisonment without the possibility of parole, holding that the life imprisonment sentences were unconstitutional under Miller v. Alabama, in which the U.S. Supreme Court held that it is unconstitutional to sentence a juvenile convicted of a homicide to a mandatory sentence of life imprisonment without the possibility of parole. View "State v. Castaneda" on Justia Law

Michael and April are the biological parents of Avalyn, born out of wedlock in 2002. A court ordered Michael to pay child support but did not order visitation. In 2005, the state took temporary emergency custody of Avalyn after April attempted suicide. The county sought an adjudication under Neb. Rev. Stat. 43-247(3)(a), but did not give Michael notice. Avalyn was placed in foster care with her maternal grandmother in April’s home. Michael claims that because he was paying support through the state, caseworkers knew or should have known how to contact him. About six months after the disposition he received notice and intervened. The court placed Avalyn with Michael until November 2007, when the parties stipulated that Avalyn should be placed with April but divide her time between her parents. In a suit under 42 U.S.C. 1983, Michael alleged that in failing to notify him of the juvenile proceedings, the defendants interfered with constitutional rights to familial integrity, substantive due process, and equal protection and that the Nebraska statutes were unconstitutional. The Nebraska Supreme Court held that claims against state defendants for monetary damages were barred by sovereign immunity; qualified immunity shielded employees from liability in their individual capacities because they did not violate a clearly established right. Claims for declaratory and injunctive relief were not barred. In a juvenile proceeding alleging abuse, neglect, or dependency, due process requires notice and an opportunity to be heard for a child’s known adjudicated or biological father who is providing substantial and regular financial support; the statutes at issue are not facially unconstitutional, but cannot be constitutionally applied to avoid notification. View "Michael E. v. State" on Justia Law

Rylee, age sixteen, was nonverbal and autistic. A juvenile petition was filed because Rylee was excessively absent from school. The State placed no fault on Lisa, Rylee's mother. The juvenile court entered an order adjudicating Rylee as a child defined by Neb. Rev. Stat. 43-247(3)(a). As part of the adjudication, Lisa was ordered to complete a pretreatment assessment and to sign releases of information to allow the Nebraska Department of Health and Human Services (DHHS) an opportunity to access information from her therapist and treatment providers. Lisa appealed, challenging the reasonableness of the juvenile court's order. The Supreme Court reversed, holding that the decision of the juvenile court ordering Lisa to submit to a pretreatment assessment and to sign releases of information to allow the DHHS to access her mental health information was unreasonable. Remanded. View "In re Interest of Rylee S." on Justia Law

The State filed four juvenile petitions against Edward, a juvenile. The juvenile court found that Edward had violated the terms of his probation in two of these cases. In all four cases, the court found it was in Edward's best interests to be committed to the Office of Juvenile Services with placement at the Youth Rehabilitation and Treatment Center (YRTC). Edward appealed. At issue before the Supreme Court was whether the Court had jurisdiction where Edward's mother, rather than Edward, signed the affidavit for an in forma pauperis appeal. The Court concluded (1) the Court had jurisdiction because in a juvenile's in forma pauperis appeal from a delinquency proceeding, the property affidavit of the juvenile's parent is sufficient to vest the Court with appellate jurisdiction; and (2) the juvenile court properly determined that Edward's best interests and the safety of the community required Edward's placement at the YRTC. View "In re Interest of Edward B." on Justia Law

On November 10, 2010, the State filed a petition in the juvenile court alleging that Appellant carried a concealed weapon on his person and possessed a "pistol, revolver or other form of short-barreled hand firearm." On October 12, 2011, Appellant filed a motion to discharge for failure to adjudicate within the time statutorily required. At the adjudication hearing on October 14, 2011, the juvenile court denied the motion to discharge. The hearing was then continued to December 22, 2011. On November 8, 2011, Appellant appealed the denial of his motion to discharge. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the court of appeals did not abuse its discretion in affirming the decision of the juvenile court; and (2) the court of appeals did not err in not addressing Appellant's constitutional speedy adjudication rights. View "In re Shaquille H." on Justia Law

After an amended petition was filed in the juvenile court alleging the Candice H., a juvenile, had possessed marijuana and drug paraphernalia, the juvenile court placed Candice under the supervision of a probation officer for an open-ended period of time. The next year, the juvenile court ordered that its jurisdiction should be terminated because Candice had reached the age of majority. The court also ordered that the record be sealed. The State appealed, contending that the juvenile court erred in ordering that the record be sealed without giving prior notice to the county attorney and without determining that Candice had satisfactorily completed her probation. The Supreme Court vacated the order sealing Candice's juvenile record, holding that the juvenile court erred in ordering that the record be sealed because (1) the order did not include a finding that Candice had satisfactorily completed her probation, and (2) the county attorney was not given the required notice of the proceeding to seal the record. View "In re Candice H." on Justia Law

The juvenile court adjudicated Ashley W. as a child within the meaning of Neb. Rev. Stat. 43-247(1) for possession of marijuana. Ashley appealed, and the court of appeals affirmed in a memorandum opinion. The court of appeals declined to address issues previously raised by Ashley in a motion to suppress, concluding she had failed to preserve the alleged errors. The Supreme Court reversed and remanded, holding that the juvenile court erred in denying Ashley's motion to suppress and in finding that she had waived her objection to the evidence at the adjudication hearing and that the court of appeals erred in affirming the order of adjudication. View "In re Ashley W." on Justia Law

Erick M., a juvenile, requested that the juvenile court enter an order finding that under 8 U.S.C. 1101(a)(27)(J), he was eligible for "special immigrant juvenile" (SIJ) status. SIJ status allows a juvenile immigrant to remain in the United States and seek lawful permanent resident status if federal authorities conclude that the statutory conditions are met. The conditions include a court order determining that the juvenile's reunification with "1 or both" parents is not feasible because of abuse, neglect, or abandonment. The juvenile court found Erick did not satisfy that requirement. At issue on appeal was the meaning of the phrase "1 or both" parents. Erick lived only with his mother when the juvenile court adjudicated him as a dependent. The Supreme Court affirmed, holding (1) when ruling on a petitioner's motion for an eligibility order under section 1101(a)(27)(J), a court should generally consider whether reunification with either parent is feasible; and (2) therefore, the juvenile court did no err in finding that because reunification with Erick's mother was feasible, he was not eligible for SIJ status. View "In re Interest of Erick H." on Justia Law

The juvenile court signed written orders committing and transferring a juvenile to the Youth Rehabilitation and Treatment Center (YRTC). The orders were made in error and did not reflect the court's orally pronounced intention to pursue foster placement for the juvenile. In a subsequent written order, the court vacated and corrected the erroneous orders, but the juvenile had already been transferred to the YRTC. Despite the court's insistence that the juvenile be returned, the Department of Health and Human Services (DHHS) refused to do so and appealed the juvenile court's order. While the appeal was pending, DHHS obtained an order from the court of appeals staying the juvenile court's corrected order. This left the juvenile in the YRTC, where she completed her program, was paroled, and was subsequently discharged from parole. The Supreme Court dismissed the appeals as moot, as there was no longer an actual case or controversy requiring judicial resolution. View "In re Shaleia M." on Justia Law