1. Criminal Law: Courts: Juvenile
Courts: Jurisdiction: Appeal and Error. A trial
court's denial of a motion to transfer a pending criminal
proceeding to the juvenile court is reviewed for an abuse of
Judgments: Words and Phrases. An abuse of
discretion occurs when a trial court's decision is based
upon reasons that are untenable or unreasonable or if its
action is clearly against justice or conscience, reason, and
Jurisdiction: Appeal and Error. Before
reaching the legal issues presented for review, it is the
duty of an appellate court to determine whether it has
jurisdiction over the matter before it.
Courts: Juvenile Courts: Jurisdiction: Final Orders:
Appeal and Error. An order granting or denying
transfer of a case from county or district court to juvenile
court shall be considered a final order for the purposes of
Courts: Juvenile Courts: Jurisdiction:
Proof. After considering all the evidence and
reasons presented by both parties, the case shall be
transferred to juvenile court unless a sound basis exists for
retaining the case in county court or district court. The
burden of proving a sound basis for retention lies with the
Courts: Juvenile Courts: Jurisdiction:
Evidence. When a court's basis for retaining
jurisdiction over a juvenile is supported by appropriate
evidence, it cannot be said that the court abused its
discretion in refusing to transfer the case to the juvenile
from the District Court for Burt County: John E. Samson,
Timothy S. Noerrlinger for appellant.
Neb.App. 694] Douglas J. Peterson, Attorney General, and
Siobhan E. Duffy for appellee.
Chief Judge, and Bishop and Arterburn, Judges.
giving a statement to police in which he admitted to
intentionally hitting a classmate with his car, Seth Ehren
Blinding was charged in the district court for Burt County
with attempted first degree murder, assault in the second
degree, and failing to render aid. Blinding was 15 years old
at the time of the incident. The district court denied
Blimling's motion to transfer his case to juvenile court.
Blinding appeals from the district court's decision here.
Upon our review, we do not find that the district court
abused its discretion in denying Blimling's motion to
transfer his case to juvenile court. Accordingly, we affirm.
February 2017, Blinding was 15 years old and a sophomore at
Tekamah-Herman High School in Tekamah, Nebraska. On the
morning of February 23, Blinding observed S.S., who was his
"[e]x-best friend, " and another classmate driving
toward S.S.' house. Blinding followed them in his
vehicle, and when they pulled into S.S.' driveway,
Blinding parked in front of a nearby house. S.S. started to
approach Blimling's vehicle, and Blinding "floored
it as fast as it [could] go and . . . drove towards
[S.S.]" Blinding hit S.S. with his car, causing
S.S.' head to hit and crack the windshield of the vehicle
and causing S.S. to fall to the ground. Blinding left the
scene of the accident and drove to a church parking lot,
where he called law enforcement and reported what he had
statement to law enforcement, Blinding stated that it had
"felt good" to hit S.S. with his car. Blinding also
stated that when he saw S.S. get up after being hit, he
thought, [25 Neb.App. 695] "'Darn' him."
Blimling admitted that he had thought about hurting S.S. the
night before this incident and stated that when he had seen
S.S. driving home that morning, he thought, '"Hey
there's [S.S., ] why not.'" He stated, "I
also followed him for a bit too. I hated him." Blimling
told law enforcement that he was upset with S.S. because S.S.
had been harassing him using social media and had broken a
golf club that belonged to Blimling's great-grandfather.
In text messages to another classmate about this incident,
Blimling stated that he "wanted him hurt bad" and
that he "wanted him dead."
classmate of Blimling's observed the incident and
provided a statement to law enforcement. He reported that
Blimling "took off and hit [S.S.], he didn't stop or
nothing[, ] he kept on driving." Another student
reported a somewhat similar incident involving Blimling. The
student reported that one day as he was walking home,
Blimling, who was driving a car, slowly followed the student
for a distance. When the student ...