Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Cole J.

Court of Appeals of Nebraska

February 26, 2019

In re Interest of Cole J., a child under 18 years of age.
v.
Cole J., appellant. State of Nebraska, appellee.

         1. Juvenile Courts: Appeal and Error. An appellate court reviews juvenile cases de novo on the record and reaches its conclusions independently of the juvenile court's findings.

         2. Rules of Evidence. In proceedings where the Nebraska Evidence Rules apply, the admissibility of evidence is controlled by the Nebraska Evidence Rules; judicial discretion is involved only when the rules make discretion a factor in determining admissibility.

         3. Rules of Evidence: Appeal and Error. Where the Nebraska Evidence Rules commit the evidentiary question at issue to the discretion of the trial court, an appellate court reviews the admissibility of evidence for an abuse of discretion.

         4. 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 evidence.

         5. Rules of Evidence: Hearsay: Proof. Hearsay is an out-of-court statement made by a human declarant that is offered in evidence to prove the truth of the matter asserted.

         6. Rules of Evidence: Hearsay. Generally, hearsay is inadmissible except as provided by a recognized exception to the rule against hearsay.

         7. Rules of Evidence: Hearsay: Proof. The party seeking to admit a business record under Neb. Rev. Stat. § 27-803(5)(a) (Reissue 2016) bears the burden of establishing foundation under a three-part test. First, the proponent must establish that the activity recorded is of a type that regularly occurs in the course of the business' day-to-day activities. [26 Neb.App. 952] Second, the proponent must establish that the record was made as part of a regular business practice at or near the time of the event recorded. Third, the proponent must authenticate the record by a custodian or other qualified witness.

         8. Evidence: Appeal and Error. In reviewing a sufficiency of the evidence claim, whether the evidence is direct, circumstantial, or a combination thereof, the standard is the same: An appellate court does not resolve conflicts in the evidence, pass on the credibility of witnesses, or reweigh the evidence; such matters are for the finder of fact.

         9. Juvenile Courts: Jurisdiction: Proof. At the adjudication stage, in order for a juvenile court to assume jurisdiction of a minor under Neb. Rev. Stat. § 43-247(3)(b) (Reissue 2016), the State must prove the allegations of the petition beyond a reasonable doubt.

         10. Juvenile Courts: Minors: Jurisdiction. Under Neb. Rev. Stat. § 43-247(3)(b) (Reissue 2016), when a juvenile is habitually truant, he or she may be adjudicated as such.

         11. Juvenile Courts: Public Officers and Employees: Minors. Prior to filing a petition alleging a juvenile is habitually truant, the county attorney shall make reasonable efforts to refer the juvenile and his or her family to community-based resources that address the juvenile's behaviors.

         12. Schools and School Districts. Under Neb. Rev. Stat. § 79-209(2) (Reissue 2014), all schools are required to have a policy that states the number of absences after which the school shall render services to address a student's barriers to attendance.

          Appeal from the Separate Juvenile Court of Lancaster County: Linda S. Porter, Judge. Affirmed.

          Joe Nigro, Lancaster County Public Defender, and Mark D. Carraher for appellant.

          Pat Condon, Lancaster County Attorney, Margeaux K. Fox, and John M. Ward for appellee.

          Pirtle, Bishop, and Arterburn, Judges.

          ARTERBURN, JUDGE.

         INTRODUCTION

         Cole J. appeals from his adjudication as a juvenile within the meaning of Neb. Rev. Stat. § 43-247(3)(b) (Reissue 2016) following a trial in the separate juvenile court of Lancaster [26 Neb.App. 953] County. On appeal, Cole alleges the court erred in admitting evidence over his objections and relying on ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.