Jurisdiction. A question of jurisdiction is
a question of law. 2. Statutes. Statutory
interpretation presents a question of law.
Judgments: Appeal and Error. Appellate
courts independently review questions of law decided by a
Jurisdiction: Appeal and Error. Before
reaching the legal issues presented for review, it is the
power and duty of an appellate court to determine whether it
has jurisdiction over the matter before it, irrespective of
whether the issue is raised by the parties.
Appeal and Error. Appellate courts do not
generally consider arguments and theories raised for the
first time on appeal.
Legislature: Courts: Time: Appeal and Error.
When the Legislature fixes the time for taking an appeal, the
courts have no power to extend the time directly or
from the District Court for Douglas County: Peter C.
Bataillon, Judge. Appeal dismissed.
C. Riley, Douglas County Public Defender, Jeanine Tlustos,
and Lori A. Hoetger for appellant.
Douglas J. Peterson, Attorney General, and Siobhan E. Duffy
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik,
and Freudenberg, JJ.
Uhing appeals the district court's order overruling his
motion to reconsider the denial of his motion to [301 Neb.
769] transfer to juvenile court under Neb. Rev. Stat. §
29-1816 (Supp. 2017). For the reasons set forth herein, we
dismiss the appeal for lack of jurisdiction as untimely under
§ 29-1816(2) and (3)(c).
was charged in the district court with two counts of sexual
assault in the first degree, Class II felonies, and one count
of incest with a victim age 17 or under, a Class IIA felony.
The alleged victims were Uhing's sisters. Uhing was born
in April 2000 and, on the date the charges were filed, was 17
October 2017, within 30 days of being charged, Uhing filed a
motion to transfer to juvenile court. On December 15, the
court overruled Uhing's motion to transfer. The
court's order noted the significance of the charges,
Uhing's age, the likelihood of Uhing's need for
long-term treatment if found guilty, the short amount of time
Uhing had before reaching majority, concern for public
safety, and the lack of ability of the juvenile court to
provide Uhing ...