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State v. Maestas

July 02, 2002

STATE OF NEBRASKA, APPELLEE,
v.
PHILLIP J. MAESTAS, APPELLEE,
AND TORI MAESTAS, APPELLANT.



Appeal from the District Court for Cheyenne County: Kristine R. Cecava, Judge. Affirmed.

Hannon, Sievers, and Moore, Judges.

SYLLABUS BY THE COURT

1. Final Orders: Appeal and Error. An appellate court may review a final order affecting a substantial right made on summary application in an action after a judgment is rendered.

2. Criminal Law: Courts: Evidence: Standing. Property seized in enforcing a criminal law is in custody of the court, referenced as in custodia legis, and the proper procedure for the return of property taken is to apply to the court for its return, especially if the property has been offered in evidence. The owner is the person with standing to make such application.

3. Standing: Jurisdiction: Justiciable Issues. Standing requires that a litigant have such a personal stake in the outcome of a controversy as to warrant invocation of a court's jurisdiction and justify the exercise of the court's remedial powers on the litigant's behalf.

4. Search and Seizure: Appeal and Error. The trial court's decision on the return of seized property is reviewed for an abuse of discretion.

The opinion of the court was delivered by: Sievers, Judge.

Tori Maestas, mother of defendant Phillip J. Maestas, filed a motion in the district court for Cheyenne County, under this case caption, for the return of property seized from her residence in connection with a case involving first degree murder charges against Phillip. Phillip ultimately pled guilty to second degree murder in that case, and his time for ...


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