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State v. McColery
297 Neb. 53
| Neb. | 2017
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Background

  • Scott McColery was charged with strangulation; bond set at $50,000 and he posted a $5,000 appearance bond.
  • McColery assigned the $5,000 bond to his private attorney for legal fees.
  • The State filed an affidavit of lien for overdue child support showing McColery owed >$18,000.
  • McColery moved to release the $5,000 bond to his attorney; the district court denied the motion and kept the funds in court.
  • The State had not yet initiated garnishment proceedings against the bond funds when the denial was entered.
  • McColery appealed the denial to the Nebraska Supreme Court.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the order denying release of bond funds is a final, appealable order McColery: denial is ripe for appeal; order prevents release to his attorney State: order does not affect any party’s substantive rights and is not final Court: order is not final or appealable; appeal dismissed

Key Cases Cited

  • Big John’s Billiards v. State, 283 Neb. 496 (addresses what constitutes affecting a substantial right)
  • Sutton v. Killham, 285 Neb. 1 (discusses finality and substantial rights for appeal)
  • Carlos H. v. Lindsay M., 283 Neb. 1004 (final-order principles)
  • Pearce v. Mutual of Omaha Ins. Co., 293 Neb. 277 (final-order analysis)
  • Cattle Nat. Bank & Trust Co. v. Watson, 293 Neb. 943 (defining when an order diminishes a claim or defense)
Read the full case

Case Details

Case Name: State v. McColery
Court Name: Nebraska Supreme Court
Date Published: Jun 23, 2017
Citation: 297 Neb. 53
Docket Number: S-16-1017
Court Abbreviation: Neb.