In re Interest of Abisai P.

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In re Interest of Abisai P.

Case Number
Call Date
September 1, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
Separate Juvenile Court
Case Summary

S-21-1005 In re Interest of Abisai P.

Appeal from the Separate Juvenile Court for Douglas County, Judge Candice J. Novak

Attorneys: Christopher McMahon (Douglas County Attorney’s Office for Appellee) and Melinda S. Currans (Douglas County Public Defender’s Office for Appellant)

Juvenile:  Truancy

Proceedings below: The minor child failed to appear for adjudication on a truancy charge, and the juvenile court adjudicated him to be within the meaning of Neb. Rev. Stat. § 43-247(1) instead of Neb. Rev. Stat. § 43-247(3)(b).  On its own motion, the Nebraska Supreme Court ordered this case be removed from the docket of the Nebraska Court of Appeals and transferred to its docket.

Issues: The minor child asserts the following assignments of error:  1) The juvenile court committed plain error in finding the minor child as described in Section 43-247(1) based on a plea and by referencing an incorrect burden of proof; 2) The juvenile court erred in adjudicating the minor child without informing him of his rights as required by Neb. Rev. Stat. § 43-279; and 3) The juvenile court deprived the minor child of due process when it adjudged him to fall within the meaning of Neb. Rev. Stat. § 43-247 without the minor child being present for the adjudication hearing.

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