In re Interest of Tyrone K.
295 Neb. 193
| Neb. | 2016Background
- 16-year-old Tyrone K. was charged in juvenile court with multiple felonies and misdemeanors arising from vehicle thefts after an escape from a youth facility.
- Prosecutor filed a motion under the post-2014 juvenile statutes (L.B. 464) to transfer the juvenile petition to county (criminal) court; the juvenile court granted the motion after an evidentiary hearing.
- Tyrone appealed the transfer order to the Nebraska Supreme Court as of right, arguing insufficient evidence supported the transfer.
- L.B. 464 revised juvenile/criminal jurisdiction into three tiers and added § 43-274(5) (transfer from juvenile to criminal court) while amending § 29-1816 (transfer from criminal to juvenile court); both transfer provisions are silent about interlocutory appealability.
- The Supreme Court considered whether an order transferring a juvenile case to criminal court is a "final order" under Neb. Rev. Stat. § 25-1902 and therefore immediately appealable, and whether the transfer affected a substantial right.
Issues
| Issue | Plaintiff's Argument (Tyrone) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether L.B. 464 or the amended transfer statutes make transfer orders immediately appealable | Removal of prior nonfinal-language from § 29-1816 and legislative changes show intent to allow interlocutory appeals; silence in § 43-274(5) should be read to permit appeals | Legislature omitted final-order language; silence does not create a statutory right to interlocutory appeal and courts must apply the general final-order statute (§ 25-1902) | Court: No. Silence/omission in L.B. 464 does not establish a statutory right to immediate appeal; apply § 25-1902 to determine finality. |
| Whether a juvenile-court transfer to criminal court affects a "substantial right" making the transfer order final and appealable under § 25-1902 | Transfer deprives juvenile of timely access to juvenile rehabilitative services and exposes juvenile to collateral consequences of criminal conviction — both are substantial | Access to juvenile court is a statutory (not constitutional) right; juveniles who can be transferred have no entitlement to remain in juvenile court; collateral consequences do not make the transfer a substantial right for appeal purposes | Court: No. Transfer did not affect a substantial right because (1) the juvenile had no statutory right to remain in juvenile court under the circumstances and (2) any claim is reviewable on direct appeal from the final criminal judgment; appeal dismissed. |
Key Cases Cited
- Purdie v. Nebraska Dept. of Corr. Servs., 292 Neb. 524 (2016) (appellate courts independently decide jurisdictional questions)
- In re Interest of Cassandra B. & Moira B., 290 Neb. 619 (2015) (appellate duty to determine jurisdiction in juvenile appeals)
- State v. Mucia, 292 Neb. 1 (2015) (statutory language given plain meaning)
- State v. Meese, 257 Neb. 486 (1999) (no constitutional right to proceed in juvenile rather than criminal court; loss of access to juvenile court does not necessarily affect a substantial right)