State v. Thalmann, 921 N.W.2d 816

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 multiple positive drug/alcohol screens.
At a hearing the State presented the probation officer’s testimony and several exhibits; the court imposed a 15-day custodial sanction.
Thalmann appealed, challenging (1) receipt of exhibits 2 and 7–9 as violating due process, and (2) sufficiency of the evidence supporting a probation-violation finding.
The Nebraska Supreme Court considered sua sponte whether it had appellate jurisdiction and whether the custodial-sanction order was a final order affecting a substantial right.

Issue	Thalmann's Argument	State's Argument	Held
Whether admission of exhibits 2 and 7–9 violated due process	Admission of those exhibits denied Thalmann due process	Exhibits were properly admitted at the sanction hearing	Appeal dismissed for lack of jurisdiction; court did not reach the merits because the order was not a final order affecting a substantial right
Whether evidence was sufficient to support finding of probation violation	Evidence was insufficient to show violation	Evidence (probation officer testimony and exhibits) supported sanction	Appeal dismissed for lack of jurisdiction; merits not reached

Last Pass Aviation v. Western Co-op Co., 296 Neb. 165, 892 N.W.2d 108 (Neb. 2017) (discusses appellate jurisdiction and final orders)
Rehn v. Bingaman, 157 Neb. 467, 59 N.W.2d 614 (Neb. 1953) (definition of an action and final judgment)
State v. Ratumaimuri, 299 Neb. 887, 911 N.W.2d 270 (Neb. 2018) (sentence as appealable judgment in criminal case)
State v. Jackson, 291 Neb. 908, 870 N.W.2d 133 (Neb. 2015) (factors for when an order affects a substantial right)
State v. Styskal, 242 Neb. 26, 493 N.W.2d 313 (Neb. 1992) (custody/probation context)
In re Interest of Zachary B., 299 Neb. 187, 907 N.W.2d 311 (Neb. 2018) (temporary orders and finality analysis)