In re Grand Jury of Douglas County

Summary

The Nebraska Supreme Court dismissed the State’s appeal from an order making grand jury transcripts and exhibits available for public review following indictments arising from an in-custody death. The court held that the disclosure proceeding was a special proceeding but that the order did not affect a substantial right and therefore was not a final, appealable order.

Holdings

1. An appellate court has a duty to determine whether it has jurisdiction before addressing the legal issues presented for review.
2. A hearing on a motion concerning public disclosure of grand jury documents under Neb. Rev. Stat. § 29-1407.01(2)(b) is a special proceeding.
3. The order overruling the State’s motion to prevent public disclosure of the grand jury transcript and exhibits was not a final, appealable order because it did not affect a substantial right.
4. The district court had jurisdiction to consider motions pertaining to incidental matters within the scope of its jurisdiction over disclosure of grand jury records.

Questions Presented

1. Whether the Nebraska Supreme Court had appellate jurisdiction over the district court’s order concerning public disclosure of grand jury documents.
2. Whether the district court’s order was a final, appealable order under Neb. Rev. Stat. § 25-1902.
3. Whether the disclosure proceeding constituted a special proceeding and, if so, whether the order affected a substantial right.

Disposition

dismissed