State v. Fredrickson

Summary

The Nebraska Supreme Court dismissed the State’s appeal from an order allowing the defendant to proceed in forma pauperis with his criminal appeal. The court held that the order was not a judgment or final order because it did not finally determine the amount of fees and costs for which the county would be responsible, and therefore the court lacked appellate jurisdiction.

Holdings

1. An appellate court must determine whether it has jurisdiction before addressing the legal issues presented for review.
2. The order granting Fredrickson permission to proceed in forma pauperis was neither a judgment nor a final order appealable under Neb. Rev. Stat. § 25-1902.
3. Whether the in forma pauperis application was properly granted does not affect perfection of Fredrickson's criminal appeal, which is perfected by timely filing a notice of appeal and an affidavit of poverty.

Questions Presented

1. Whether the Nebraska Supreme Court had appellate jurisdiction over the State's appeal from an order granting Fredrickson permission to proceed in forma pauperis with his criminal appeal.
2. Whether the district court's in forma pauperis order was a final order under Neb. Rev. Stat. § 25-1902 because it affected a substantial right.

Disposition

dismissed