In re Interest of Alan L.

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In re Interest of Alan L.

Case Number
S-15-0860
Call Date
March 29, 2016
Court Number
Gage
Case Summary

S-15-0860 In re Interest of Alan L., State v. Alan L. (Appellant)

Separate Juvenile Court for Sarpy County, Judge Robert O'Neal

Attorneys: Dennis P. Marks (Public Defender's Office) (Appellant) --- Gary Brollier (County Attorney's Office)

Civil: Adjudication under Neb. Rev. Stat. 43-247(1) and (3)(b)

Proceedings below: The trial court found Appellant had exhausted all levels of probation supervision and exhausted all options for community based serviced. The juvenile was committed to the Office of Juvenile Services for placement at YRTC-Kearney.

Issues: 1. The state failed to meet its burden to show by preponderance of the evidence that all levels of probation supervision and community based services had been exhausted. 2. The state was barred from presenting evidence that was previously presented, or could have been presented, prior to June 18, 2015 at the August 24, 2015 hearing on the 2nd Amended Motion to Commit based on principles of res judicata. 3. The court could not use a "change of circumstance" rationale in committing the Appellant to the YRTC Kearney because the court failed to previously make specific findings of fact so the record is unclear as to which circumstances changed. 4. The August 24, 2015 hearing to commit the juvenile to the YRTC Kearney violated the Appellant's constitutional right to confront and cross examine his accusers and said commitment deprived him of his liberty interest thereby violating his right to due process under the law.