In re Interest of Cole J., a child under 18 years of age.
Cole J., appellant. State of Nebraska, appellee.
Juvenile Courts: Appeal and Error. An
appellate court reviews juvenile cases de novo on the record
and reaches its conclusions independently of the juvenile
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.
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
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
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
Rules of Evidence: Hearsay. Generally,
hearsay is inadmissible except as provided by a recognized
exception to the rule against hearsay.
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.
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.
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.
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
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
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.
from the Separate Juvenile Court of Lancaster County: Linda
S. Porter, Judge. Affirmed.
Nigro, Lancaster County Public Defender, and Mark D. Carraher
Condon, Lancaster County Attorney, Margeaux K. Fox, and John
M. Ward for appellee.
Pirtle, Bishop, and Arterburn, Judges.
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