S-16-0953 State of Nebraska v. James R. Zeleny
District Court for Fillmore County, Hon. Michael P. Burns
Attorneys: Chad J. Wythers, Berry Law Firm, Lincoln; Austin N. Relph, Asst. AG
Civil: petition for writ of prohibition
Proceedings Below: Zeleny pled guilty in county court to DUI. Prior to sentencing he filed a motion to arrest judgment, which was denied by the county court. Zeleny then filed in district court a petition for a writ of prohibition, asking the district court to order the county court to restrain the county court from proceeding with his criminal case. That petition was denied. Zeleny appeals.
Issue on Appeal: Whether the district court erred in denying Zeleny’s petition for a writ of prohibition and whether the county court erred in denying the motion to arrest judgment.