Zeleny v. State of Nebraska

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Zeleny v. State of Nebraska

Case Number
S-16-0953
Call Date
October 31, 2017
Case Time
9:00 AM
Court Number
Fillmore
Case Location
Lincoln
Case Summary

S-16-0953 State of Nebraska v. James R. Zeleny

District Court for Fillmore County, Hon. Michael P. Burns

Attorneys: Chad J. Wythers, Berry Law Firm, Lincoln; Austin N. Relph, Asst. AG

Civil: petition for writ of prohibition

Proceedings Below: Zeleny pled guilty in county court to DUI. Prior to sentencing he filed a motion to arrest judgment, which was denied by the county court. Zeleny then filed in district court a petition for a writ of prohibition, asking the district court to order the county court to restrain the county court from proceeding with his criminal case. That petition was denied. Zeleny appeals.

Issue on Appeal: Whether the district court erred in denying Zeleny’s petition for a writ of prohibition and whether the county court erred in denying the motion to arrest judgment.

Schedule Code
SC