State v. K.M. (In Re Interest K.M.)

I. NATURE OF CASE

The separate juvenile court of Douglas County adjudicated K.M. as being a "juvenile who has committed an act which would constitute a felony under the laws of this state" 1 by committing first degree sexual assault, having "subject[ed] another person to sexual penetration [and] who knew or should have known that the victim was mentally or physically incapable of resisting or appraising the nature of his or her conduct." 2

On appeal, the Nebraska Court of Appeals reversed the adjudication, finding insufficient evidence to uphold K.M.'s adjudication by proof beyond a reasonable…