State v. Thalmann, 302 Neb. 110

Donald R. Thalmann was convicted of possession of a controlled substance (Class IV felony) and sentenced to 3 years’ probation.
Two months into probation, his probation officer moved for a custodial sanction after positive drug/alcohol screens.
At the sanction hearing the State introduced testimony and several documentary exhibits; the court imposed a 15-day custodial sanction.
Thalmann appealed, arguing (1) admission of certain exhibits violated his due process rights and (2) insufficient evidence supported the finding he violated probation.
The Nebraska Supreme Court considered whether it had jurisdiction to hear the appeal before reaching the merits.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether admission of exhibits violated due process	Thalmann: receipt of exhibits 2 and 7–9 violated his due process rights	State: exhibits properly received at probation sanction hearing (implicit)	Court did not reach the merits; appeal dismissed for lack of appellate jurisdiction because order was not final
Whether evidence sufficed to find probation violation	Thalmann: insufficient evidence to support violation finding	State: probation officer testimony and exhibits supported the sanction (implicit)	Court did not reach the merits; appeal dismissed for lack of appellate jurisdiction because order was not final

(For both issues the court held it lacked jurisdiction to review the sanction order because it was not a final order affecting a substantial right.)

Last Pass Aviation v. Western Co-op Co., 296 Neb. 165, 892 N.W.2d 108 (jurisdictional standard for appellate review)
Rehn v. Bingaman, 157 Neb. 467, 59 N.W.2d 614 (definition of an action and final judgment)
State v. Ratumaimuri, 299 Neb. 887, 911 N.W.2d 270 (criminal judgment/sentence as appealable judgment)
State v. Jackson, 291 Neb. 908, 870 N.W.2d 133 (factors for when an order affects a substantial right)
State v. Styskal, 242 Neb. 26, 493 N.W.2d 313 (probation/custody context)
In re Interest of Zachary B., 299 Neb. 187, 907 N.W.2d 311 (temporary orders and finality)
In re Interest of Danaisha W., 287 Neb. 27, 840 N.W.2d 533 (temporary orders and finality)
In re Guardianship of Sophia M., 271 Neb. 133, 710 N.W.2d 312 (temporary orders and finality)
In re Interest of T.T., 18 Neb. App. 176, 779 N.W.2d 602 (temporary orders and finality)