State v. Bourke

While I agree with the majority’s analysis that the phrase used in Neb. Rev. Stat. § 28-311.01(l)(c) (Reissue 1989) is not unconstitutionally vague, I must dissent on the basis that no final order was entered by the trial court, and, therefore, the State’s appeal is not properly before us.

The county attorney may take exception to any ruling or decision of the court made during the prosecution of a cause by presenting to the trial court the application for leave to docket an appeal to the Supreme Court with reference to the rulings or decisions of which complaint is made. . .. Such application…