Summary
The Nebraska Supreme Court affirmed the adjudication of Elainna R. under Neb. Rev. Stat. § 43-247(1) for violating Lincoln’s disturbing-the-peace ordinance by engaging in a school fight. The court held that a school security officer or campus supervisor may be a victim of disturbing the peace and that the evidence established the offense beyond a reasonable doubt. The court reviewed the juvenile proceeding de novo on the record.
Holdings
- A school security officer or campus supervisor may be a victim of disturbing the peace under Lincoln Municipal Code § 9.20.050.
- The evidence was sufficient to prove beyond a reasonable doubt that Elainna disturbed Mahagoub's peace by engaging in fighting, supporting adjudication under Neb. Rev. Stat. § 43-247(1).
Questions Presented
- Whether a school security officer or campus supervisor may be a victim of disturbing the peace under Lincoln Municipal Code § 9.20.050.
- Whether the evidence was sufficient to support an adjudication under Neb. Rev. Stat. § 43-247(1) for disturbing the peace by engaging in fighting.
Disposition
affirmed
Cases Cited (20)
- In re Interest of LeVanta S., 295 Neb. 151, 887 N.W.2d 502 (2016)(followed)
- Landrum v. City of Omaha Planning Bd., 297 Neb. 165, 899 N.W.2d 598 (2017)(followed)
- State v. Broadstone, 233 Neb. 595, 447 N.W.2d 30 (1989)(followed)
- State v. Coomes, 170 Neb. 298, 102 N.W.2d 454 (1960)(followed)
- In re M.M., 54 Cal. 4th 530, 278 P.3d 1221, 142 Cal. Rptr. 869 (2012)(considered)
- People v. Bowers, 77 Misc. 2d 697, 356 N.Y.S.2d 432 (1974)(considered)
- H.N.P. v. State, 854 So. 2d 630 (Ala. Crim. App. 2003)(considered)
- People v. Slaton, 24 Ill. App. 3d 1062, 322 N.E.2d 553 (1974)(considered)
- Chaplinsky v. New Hampshire, 315 U.S. 568, 62 S. Ct. 766, 86 L. Ed. 1031 (1942)(considered)
- State v. Drahota, 280 Neb. 627, 788 N.W.2d 796 (2010)(considered)
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Court Document
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