State v. Brandy M.

539 N.W.2d 280, 4 Neb. Ct. App. 115, 1995 Neb. App. LEXIS 349
CourtNebraska Court of Appeals
DecidedOctober 31, 1995
DocketNos. A-94-1212, A-94-1214 through A-94-1222
StatusPublished
Cited by1 cases

This text of 539 N.W.2d 280 (State v. Brandy M.) is published on Counsel Stack Legal Research, covering Nebraska Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Brandy M., 539 N.W.2d 280, 4 Neb. Ct. App. 115, 1995 Neb. App. LEXIS 349 (Neb. Ct. App. 1995).

Opinion

Mues, Judge.

I. INTRODUCTION

The State appeals from 10 separate orders of the Douglas County Separate Juvenile Court dismissing 10 juvenile cases on the basis that said cases were not brought to trial within 6 months of the filing of the individual petitions. Having issues of fact and law in common, the cases were consolidated by stipulation of the parties.

H. STATEMENT OF CASE

The petitions at issue were filed in the separate juvenile court of Douglas County between April 11 and June 1, 1994. Nine of the 10 petitions alleged jurisdiction over the juveniles pursuant to Neb. Rev. Stat. § 43-247(1), (2), or both (Reissue 1993). One petition alleged jurisdiction under § 43-247(3)(b). Motions for absolute discharge pursuant to Neb. Rev. Stat. §§ 43-271 (Reissue 1993) and 29-1207 and 29-1208 (Reissue 1989) were filed in each of the cases on December 5 or 6. In these motions, it was claimed that the children in interest had not been brought to trial within 6 months as required by statute. A hearing was held on December 7 in which the only evidence adduced was with regard to docket congestion in the Douglas County Separate Juvenile Court. In separate orders dated December 7, [117]*117the juvenile judge, without a statement of the factual or legal basis, sustained the motions for absolute discharge and ordered that each of the 10 cases be dismissed.

HI. ASSIGNMENTS OF ERROR

Appellant claims the juvenile court erred in (1) sustaining the motions for absolute discharge on the sole evidentiary ground of a congested docket and (2) failing to apply a balancing test to determine whether an impermissible violation of the right to a speedy trial occurred.

IV. STANDARD OF REVIEW

Juvenile cases are reviewed de novo on the record, and the appellate court is required to reach a conclusion independent of the trial court’s findings. In re Interest of J.T.B. and H.J.T., 245 Neb. 624, 514 N.W.2d 635 (1994); In re Interest of J.A., 244 Neb. 919, 510 N.W.2d 68 (1994).

Statutory interpretation is a matter of law in connection with which an appellate court has an obligation to reach an independent, correct conclusion irrespective of the determination made by the court below. Grady v. Visiting Nurse Assn., 246 Neb. 1013, 524 N.W.2d 559 (1994); No Frills Supermarket v. Nebraska Liq. Control Comm., 246 Neb. 822, 523 N.W.2d 528 (1994); Anderson v. Nashua Corp., 246 Neb. 420, 519 N.W.2d 275 (1994).

V. ANALYSIS

Appellant’s first assignment of error presumes that § 43-271 applies to juvenile proceedings such as those involved here. This assignment goes on to contend that the trial judge erroneously based dismissal on the fact that a congested docket precluded more prompt hearings. We are uncertain on what legal or factual grounds the trial judge based these dismissals. We initially presume that the discharges were based on the grounds set forth in appellees’ motions. At the outset, the applicability of § 43-271 to these juvenile proceedings appears, to us, questionable. We begin our discussion by explaining this point. However, we note that even if § 43-271 were construed to apply to these proceedings, it would not change the result reached herein.

[118]*1181. Statutory Right to Speedy Trial

(a) Juvenile Code

(i) Application of § 43-271

Appellees’ motions for absolute discharge base their claim on §§ 43-271, 29-1207, and 29-1208. Section 43-271 states:

A juvenile taken into custody pursuant to sections 43-248, 43-250, and 43-253 shall be brought before the court for adjudication as soon as possible after the petition is filed. On the return of the summons ... or as soon thereafter as legally may be, the court shall proceed to hear and dispose of the case as provided in section 43-279.
The hearing as to a juvenile in custody of the probation officer or the court shall be held as soon as possible but, in all cases, within a six-month period after the petition is filed, and as to a juvenile not in such custody as soon as practicable but, in all cases, within a six-month period after the petition is filed. The computation of the six-month period provided for in this section shall be made as provided in section 29-1207, as applicable.

When interpreting a statute, an appellate court has an obligation to reach an independent, correct conclusion irrespective of the determination made by the court below. Grady v. Visiting Nurse Assn., 246 Neb. 1013, 524 N.W.2d 559 (1994); No Frills Supermarket v. Nebraska Liq. Control Comm., 246 Neb. 822, 523 N.W.2d 528 (1994); Anderson v. Nashua Corp., 246 Neb. 420, 519 N.W.2d 275 (1994).

Section 43-271 applies, on its face, only to juveniles “taken into custody pursuant to sections 43-248, 43-250, and 43-253.” First, Neb. Rev. Stat. § 43-248 (Reissue 1993) provides that in certain situations, a juvenile may be taken into temporary custody by an officer without a warrant or order of the court. Neb. Rev. Stat. § 43-250 (Reissue 1993) gives the officer taking the juvenile into temporary custody four options: The officer may (1) release the juvenile; (2) provide a written notice requiring the juvenile to appear before the juvenile court or probation officer; (3) take and deliver the juvenile to the custody of the juvenile court or probation officer; or (4) deliver [119]*119custody of the juvenile to the Department of Social Services, which then provides for placement of the child. Neb. Rev. Stat. § 43-253 (Reissue 1993) further provides instruction when a juvenile is taken into temporary custody pursuant to § 43-248 and option No. 3, pursuant to § 43-250, is chosen, i.e., the juvenile is delivered to the juvenile court or probation officer. Section 43-253 provides that the court or probation officer may immediately release the juvenile, admit the juvenile to bail by bond, or provide for placement or detention of the juvenile.

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Related

In Re Interest of Brandy M.
550 N.W.2d 17 (Nebraska Supreme Court, 1996)

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Bluebook (online)
539 N.W.2d 280, 4 Neb. Ct. App. 115, 1995 Neb. App. LEXIS 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brandy-m-nebctapp-1995.