S-19-0583 State of Nebraska v. Alexander Dehoff (Appellant); S-19-0678 State of Nebraska v. Chance McClellan (Appellant) (consolidated)
Sarpy County Court, Judge Robert C. Wester, Judge Todd J. Hutton
Attorneys: Siobhan E. Duffy (Office of the Attorney General, for Appellee); Dennis P. Marks (Sarpy County Public Defender’s Office, for Appellant, Dehoff); Todd A. West (Sarpy County Public Defender’s Office, for Appellant, McClellan)
Criminal: Jurisdiction; Motion to transfer to juvenile court
Proceedings Below: In both cases, both Appellants were charged with various criminal charges. In both cases, the issue was whether the court had jurisdiction to rule on the Appellants’ motions to transfer to juvenile court. The county court in both cases declined to rule on Appellants’ motion to transfer for lack of jurisdiction.
Issues: The issues (consolidated and restated) are whether 1) the plain meaning of Neb. Rev. Stat. §§ 43-246.01 and 29-1816 gives the county court jurisdiction to entertain a motion to transfer to the juvenile court; and 2) the Legislature explicitly gave the county court or district court jurisdiction to rule on motion to transfer to juvenile court.