Summary
The Nebraska Supreme Court dismissed Raela C. Reames' appeal for lack of appellate jurisdiction. The court held that the appeal from the original sentencing order was untimely, and that the amended probation order was neither a final appealable order nor one from which Reames was aggrieved. The court further explained that, because no timely direct appeal existed, Reames' ineffective-assistance claim concerning counsel's failure to appeal could be raised in postconviction proceedings.
Topics
Practice areas
Questions Presented
- Whether the appeal from the March 17, 2020, sentencing order was timely and within the court's appellate jurisdiction.
- Whether the March 20, 2020, amended order of probation was a final, appealable order affecting a substantial right.
- Whether Reames was aggrieved by the amended probation order that permitted her to reside in Kansas.
- Whether Reames's claim that trial counsel was ineffective for failing to timely appeal was properly raised on direct appeal or instead had to be raised in postconviction proceedings.
Holdings
- A notice of appeal from a criminal sentence must be filed within 30 days after entry of the sentencing order. Because Reames filed her notice 31 days after the March 17 sentencing order, the court lacked jurisdiction over that appeal and dismissed it.
- The March 20 amended order of probation was not a final, appealable order because it did not affect a substantial right.
- Reames could not appeal the amended probation order because she was not aggrieved by an order granting the relief she sought or accepted.
- Because Reames failed to timely appeal the criminal judgment, her first available opportunity to raise ineffective assistance for counsel's failure to file a timely appeal was a motion for postconviction relief, not the appeal from the amended probation order.
Key quotations
“Before reaching the merits of the legal issue presented for review, we must determine whether we have jurisdiction over this matter.” (365)
“where a notice of appeal is not filed within 30 days from the entry of the final order appealed from, as required by § 25-1912(1), this court obtains no jurisdiction to hear the appeal, and the appeal must be dismissed.” (366)
“Regardless of which order Reames is appealing from, we lack appellate jurisdiction over this case.” (371)
Factual background
A jury found Raela C. Reames guilty of possessing a controlled substance. On March 17, 2020, the district court sentenced her to one year of probation, including a condition requiring her to reside in Lancaster County and obtain permission before changing her address. On March 20, the court amended the probation order to permit Reames to reside in Kansas, where she was already living. Reames later attempted to appeal the original sentence and asserted that trial counsel was ineffective for failing to file a timely appeal.
Procedural history
Following a jury conviction for possession of a controlled substance, the Lancaster County District Court sentenced Reames to one year of probation on March 17, 2020. Three days later, the court entered an amended probation order permitting her to reside in Kansas. Reames filed a notice of appeal on April 17, 2020, 31 days after the sentencing order and 28 days after the amended probation order. The Nebraska Court of Appeals questioned jurisdiction, and the Nebraska Supreme Court dismissed the appeal.