Moot Question: Jurisdiction: Appeal and
Error. Because mootness is a justiciability doctrine
that operates to prevent courts from exercising jurisdiction,
appellate courts review mootness determinations under the
same standard of review as other jurisdictional questions.
Judgments: Jurisdiction: Appeal and Error. A
jurisdictional question that does not involve a factual
dispute is determined by an appellate court as a matter of
law, which requires the appellate court to reach a conclusion
independent of the lower court's decision.
Moot Question: Appeal and Error. An
appellate court may choose to review an otherwise moot case
under the public interest exception if it involves a matter
affecting the public interest or when other rights or
liabilities may be affected by its determination.
___. When determining whether a case involves a matter of
public interest, an appellate court considers (1) the public
or private nature of the question presented, (2) the
desirability of an authoritative adjudication for future
guidance of public officials, and (3) the likelihood of
future recurrence of the same or similar problem.
from the District Court for Pierce County: James G. Kube,
Judge. Appeal dismissed.
Melissa A. Wentling for appellant.
Douglas J. Peterson, Attorney General, and Nathan A. Liss for
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, and
Neb. 396] Papik, J.
D. Roberts was convicted of a felony offense in one district
court and multiple felony and misdemeanor offenses in
another. His sentences in both courts included terms of
incarceration and terms of postrelease supervision and were
ordered to be served consecutively. After Roberts had served
the incarceration portion of his sentences and had been
released, the State filed a motion in one court alleging that
he had violated the terms of his postrelease supervision and
asking that his postrelease supervision be revoked. The
district court did so and ordered that he serve the entirety
of the time remaining on his postrelease supervision term in
jail. Roberts appeals, contending that the court ordered him
to serve more time in jail than was permitted by law.
point, however, Roberts has completely served his sentence.
The parties agree that this renders Roberts' appeal moot.
And although Roberts asks that we nonetheless decide the
merits of his appeal under exceptions to the mootness
doctrine, we decline to do so and dismiss the appeal.
Convictions and Sentences.
April 2016, Roberts was sentenced in the district court for
Madison County for possession of morphine. The court
sentenced him to 364 days in jail plus 9 months'
postrelease supervision. His sentence was ordered to run