Legal Opinion
State v. Schmailzl
Nebraska Supreme Court
Decided June 30, 1995No. S-94-522PublishedCited by 12 opinions
1Opinion of the CourtWright, J.
Robert Schmailzl appeals from his conviction of making terroristic threats, a violation of Neb. Rev. Stat. § 28-311.01 (l)(a) and (c) (Reissue 1989). We find, however, that we do not have jurisdiction over the matter because the poverty affidavit is deficient, and the appeal must be dismissed.
SCOPE OF REVIEW
Whether a question is raised by the parties concerning jurisdiction of the lower court or tribunal, it is not only within the power but the duty of an appellate court to determine whether such appellate court has jurisdiction over the subject matter. State v. Miller, 240 Neb. 297, 481…
2Cases cited8 opinions
- Flora Ex Rel. Flora v. EscuderoNebraska Supreme Court · 1995
- WBE Co. v. Papio-Missouri River Natural Resources DistrictNebraska Supreme Court · 1995
- State v. SchmailzlNebraska Supreme Court · 1993
- State v. MillerNebraska Supreme Court · 1992
- In Re Interest of NLBNebraska Supreme Court · 1990
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3Cited by12 opinions
- State v. TrotterNebraska Supreme Court · 2000
- State v. ParmarNebraska Supreme Court · 1998
- State v. DallmannNebraska Supreme Court · 2000
- In Re Interest of Noelle F.Nebraska Supreme Court · 1996
- Abdulrazzak v. S.D. Bd. of Pardons and ParolesSouth Dakota Supreme Court · 2020
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