State v. A.D.; State v. C.M.

Summary

The Nebraska Supreme Court held that county courts lack jurisdiction to decide motions to transfer felony criminal cases involving juveniles to juvenile court when the county court lacks jurisdiction to try the underlying felony. Because the county court lacked jurisdiction over the transfer motions, the Supreme Court dismissed the consolidated appeals.

Holdings

1. A county court does not have jurisdiction to decide a motion to transfer a felony case to juvenile court when the county court lacks jurisdiction to try the underlying felony. References in Neb. Rev. Stat. §§ 43-246.01 and 29-1816 to county or district courts must be read in light of the jurisdiction otherwise granted to those courts.
2. When the lower court lacks subject-matter jurisdiction to adjudicate the claim, issue, or question presented, the appellate court likewise lacks jurisdiction to determine its merits; an appeal outside the appellate court's jurisdiction must be dismissed.

Questions Presented

1. Whether a Nebraska county court has jurisdiction to decide a motion to transfer a felony case involving a juvenile to juvenile court.
2. Whether the Nebraska Supreme Court had jurisdiction to decide the appeals after the county court determined that it lacked jurisdiction over the transfer motions.

Disposition

dismissed