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In re Nathan L.

Court of Appeals of Nebraska

September 1, 2015

IN RE INTEREST OF NATHAN L., A CHILD UNDER 18 YEARS OF AGE. STATE OF NEBRASKA, APPELLEE,
v.
NATHAN L., APPELLANT

Appeal from the Separate Juvenile Court of Lancaster County: LINDA S. PORTER, Judge. Remanded with directions.

Joseph Nigro, Lancaster County Public Defender, and Chelsie Krell for appellant.

Joe Kelly, Lancaster County Attorney, and Ashley Bohnet for appellee.

IRWIN, INBODY, and RIEDMANN, Judges.

OPINION

Inbody, Judge.

INTRODUCTION

Nathan L. appeals the order of the separate juvenile court of Lancaster County overruling his motion to dismiss on speedy trial grounds and adjudicating him as a child within [23 Neb.App. 240] the meaning of Neb. Rev. Stat. § 43-247(3)(b) (Reissue 2008) for being habitually truant from school between August 13, 2013, and May 8, 2014.

Page 160

STATEMENT OF FACTS

On May 30, 2014, the State filed a petition alleging that Nathan was a child within the meaning of § 43-247(3)(b) for being habitually truant from school. On July 7, the matter was continued by the State until July 21, for service issues, as neither Nathan nor either of his parents appeared at a hearing held on July 1. On July 21, Nathan appeared at the hearing with his grandfather and requested the appointment of counsel. In a July 23 order, the matter was continued by the court until August 20, and the court appointed the Lancaster County Public Defender to represent Nathan.

On August 20, 2014, Nathan appeared with counsel and entered a denial to the allegations contained within the petition. The matter was set for docket call on September 23 and a formal contested hearing on October 3. On October 3, the matter was continued by the juvenile court to October 24 for " another case on the Court's docket having priority." On October 24, Nathan filed a motion to dismiss the case on speedy trial grounds which alleged that the State failed to bring him to trial within 90 days as required by Neb. Rev. Stat. § 43-278 (Cum. Supp. 2014) and the U.S. and Nebraska Constitutions. That same day, the matter came before the court for formal hearing on the adjudication petition. As to the motion to dismiss, the juvenile court entered an order on November 19, stating that the " Motion to Dismiss on Speedy Trial Grounds filed by counsel for the juvenile was argued by counsel. The Court overruled said Motion." The juvenile court's order went on to find that the State had proved beyond a reasonable doubt that Nathan was habitually truant on the dates alleged in the petition and that exhibit 1, submitted by the State, reflected a pattern of school absences and multiple periods of truancy and tardiness.

[23 Neb.App. 241] ASSIGNMENTS OF ERROR

On appeal to this court, Nathan assigns that the juvenile court abused its discretion by failing to dismiss the case on speedy trial grounds, by failing to make specific findings on the record of the time excluded, and by failing to consider the right of the juvenile to a ...


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