State v. Bluett
295 Neb. 369
| Neb. | 2016Background
- Defendant Charles D. Bluett, age 15 at the time of the alleged offenses, was charged in district court with robbery and use of a weapon to commit a felony.
- Bluett moved to transfer the prosecution to juvenile court; the district court denied the motion.
- Bluett appealed the denial and sought bypass to the Nebraska Supreme Court.
- The Nebraska Supreme Court considered whether it had jurisdiction to hear an appeal from the nonfinal order denying transfer to juvenile court.
- The Court examined statutory changes to Neb. Rev. Stat. § 29-1816 and prior precedent regarding finality of transfer-denial orders.
- The Court concluded the denial did not affect a substantial right and dismissed the appeal for lack of a final, appealable order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court's denial of a motion to transfer to juvenile court is a final, appealable order | Bluett: Miller and the changed § 29-1816 text create a substantial right for juveniles and support interlocutory appeal | State: Denial of transfer does not affect a substantial right and is reviewable after final judgment | Denied: The denial of transfer does not affect a substantial right; appeal dismissed for lack of a final order |
Key Cases Cited
- Purdie v. Nebraska Dept. of Corr. Servs., 292 Neb. 524 (jurisdictional question precedent relied on)
- State v. Meese, 257 Neb. 486 (1999) (holding there is no constitutional right to be tried as a juvenile)
- State v. Jackson, 291 Neb. 908 (discussing what constitutes a final, appealable order)
- State v. Meints, 291 Neb. 869 (treating final-order categories under § 25-1902)
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (distinguishing sentencing-law holdings for juveniles; Court found Miller inapplicable to transfer-finality question)
