State v. Dunlap

Summary

The Nebraska Supreme Court dismissed the State’s appeal from an order disqualifying the Douglas County Attorney’s Office because the order was not a final, appealable order under Neb. Rev. Stat. § 29-2315.01. The court declined to apply an exception permitting interlocutory review because the State’s prosecutorial interests were protected by the appointment of special counsel.

Holdings

1. An order disqualifying the county attorney's office before trial, conviction, or sentencing is not a final order because further action is required to completely dispose of the criminal cause.
2. The exception to the final-order rule for orders disqualifying counsel did not permit interlocutory review because the State's interest in prosecuting the case was protected by the appointment of special counsel.
3. The Nebraska Supreme Court lacked jurisdiction because the State did not appeal from a final order as required by § 29-2315.01; the appeal therefore had to be dismissed.

Questions Presented

1. Whether the State's appeal from an order disqualifying the entire county attorney's office was authorized under Neb. Rev. Stat. § 29-2315.01.
2. Whether the disqualification order was a final, appealable order.
3. Whether an exception to the final-order rule permitted interlocutory review of the disqualification order in this criminal case.

Disposition

dismissed