State v. Vela

The defendant, Erick Fernando Vela, took the above-captioned appeal from an order of the Madison County District Court overruling his “Amended Verified Motion to Preclude Imposition of Death Sentence Because of Mental Retardation.” On our own motion, we entered an order to show cause, by simultaneous briefing, why the appeal should not be dismissed for lack of jurisdiction pursuant to Neb. Ct. R. of Prac. 7A(2) (rev. 2001). Those briefs have now been filed, and for the reasons stated below, we conclude that the court’s order was not a final, appeal-able order and dismiss the appeal.

The…