Dugan v. State
297 Neb. 444
| Neb. | 2017Background
- Michael M. Dugan was arrested in Wyoming and extradited to Nebraska; he was charged with theft by unlawful taking in Cheyenne County. The Nebraska arrest warrant was issued after Dugan’s custody; Dugan waived extradition.
- Dugan moved to reduce bail; the trial court denied the motion and Dugan appealed to the Nebraska Court of Appeals. That appeal was dismissed for lack of jurisdiction as nonfinal under State v. Kula.
- Dugan filed a federal habeas petition asserting defective warrant, improper extradition, excessive bail, and asked to stay trial. While that action and his state appeals were pending, the trial proceeded, Dugan was convicted and sentenced as a habitual criminal.
- Dugan appealed the trial court’s denial of a motion for absolute discharge (alleging unlawful arrest/extradition). That interlocutory appeal was voluntarily dismissed as nonfinal. His direct appeal of conviction failed.
- Dugan then filed a Nebraska habeas corpus petition claiming the conviction and sentence are void because the trial court lacked jurisdiction while his interlocutory appeals were pending. The district court dismissed the habeas petition; Dugan appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court lost jurisdiction while interlocutory appeal of bail denial was pending | Dugan: appeal divested trial court of jurisdiction, making subsequent trial void | State: bail appeal was not from a final order; appellate court never obtained jurisdiction; trial court retained jurisdiction | Court: appeal was not perfected; trial court retained jurisdiction; no void judgment |
| Whether denial of motion for absolute discharge (based on unlawful arrest/extradition) was a final, appealable order that divested the trial court of jurisdiction | Dugan: denial was final and appeal divested trial court of jurisdiction, so later conviction is void | State: motion alleged collateral defects (arrest/extradition) that do not affect a right not to be tried; denial was not final | Court: denial was not a final order; allegations concerned collateral remedies and not a right not to be tried; trial court retained jurisdiction |
| Whether unlawful arrest/extradition can support absolute discharge pretrial | Dugan: unlawful arrest/extradition justified absolute discharge before trial | State: illegality of arrest/extradition does not impair court’s power to try accused; remedies are collateral | Court: unlawful arrest/extradition yields collateral remedies (suppression, civil suits), not immediate discharge; motion did not affect substantial right |
| Whether habeas corpus is proper to challenge the conviction as void for lack of jurisdiction | Dugan: conviction void; habeas appropriate to obtain relief | State: conviction not void because interlocutory appeals were nonfinal; habeas relief not warranted | Court: habeas denied; judgment not void; appeal dismissed |
Key Cases Cited
- State v. Kula, 254 Neb. 962 (discussing finality of orders for appeal; applied to bail appeal dismissal)
- State v. Loyd, 269 Neb. 762 (denial of motion styled as discharge but attacking statute-of-limitations not final)
- State v. Williams, 277 Neb. 133 (ruling that statutory speedy-trial discharge motions affect a substantial right and are appealable)
- State v. Masat, 239 Neb. 849 (illegality of arrest yields collateral remedies; does not bar trial)
- Heckman v. Marchio, 296 Neb. 458 (explaining appellate jurisdiction requires appeal from a final order)
- State v. Rieger, 257 Neb. 826 (proceedings in trial court while a perfected appeal is pending are void for lack of jurisdiction)