S-22-0415 In re Interest of Elijahking F. (Appellant)
Appeal from the Separate Juvenile Court for Douglas County, Nebraska, Judge Vernon C.R. Daniels
Attorneys: Samuel A. Raybine (Assistant Douglas County Public Defender for Appellant) and Christopher McMahon (Deputy Douglas County Attorney for the Appellee)
Criminal: Juvenile Delinquency and Obstruction of a Peace Officer
Proceedings below: A petition was filed in juvenile court alleging that Appellant was a minor child within the meaning of Neb. Rev. Stat. § 43-247(1) because he violated Neb. Rev. Stat. § 28-906, obstruction of a peace officer, and the juvenile court found the allegations true by beyond a reasonable doubt. On its own motion, the Nebraska Supreme Court ordered this case to be removed from the docket of the Nebraska Court of Appeals and transferred this case to its docket.
Issues: Appellant makes the following assignments of error: 1) The State failed to show that Elijah obstructed, impaired, or hindered the enforcement of the penal law or the preservation of the peace by law enforcement; and 2) The juvenile court’s findings are supported by insufficient evidence to prove beyond a reasonable doubt that Elijah committed the crime of obstructing a peace officer: A) The State failed to prove by proof beyond a reasonable doubt that Elijah’s actions and statements were intended to obstruct, impair, or hinder Deputies Kripal and Grim from performing their duties, and B) The State failed to prove by proof beyond a reasonable doubt that Elijah’s actions resulted in the obstruction, impairment or hindrance of Deputies Kripal and Grim from performing their duties.