S-12-0895, State (Appellant) v. Eric C. Thacker
S-12-0896, State (Appellant) v. Gail L. Morgan-Thacker
Dawson County, Judge James E. Doyle, IV
Attorneys: Michael R. Johnson (County Attorney’s Office) (Appellant) --- Mark R. McKeone (Appellees)
Criminal: 5 counts of violating the compulsory attendance statute, Neb. Rev. Stat. § 79-201
Proceedings below: The county court found defendants guilty of violating Neb. Rev. Stat. § 79-201 by failing to enroll their 5 school aged children in any approved school setting at the time the public school in the family’s residential district was open and in session. The defendants appealed to the district court. The district court found the decision of the county court did not conform to law and reversed and vacated the county court’s decision. The State filed an Application for Leave to Docket an Appeal under Neb. Rev. Stat. § 29-2315.01.
Issues: 1. The District Court of Dawson County failed to correctly interpret Neb. Rev. Stat. § 79-
20l(2) as being a statute directed at parents and compels compulsory attendance of school-age children in state-approved or accredited schools up to and until parents obtain exemption from the Department of Education. 2. The District Court of Dawson County failed to correctly interpret Neb. Rev. Stat. §79-1601(3) which establishes the "effective" date of a parent's election statement as being when it is received by the Commissioner of Education. 3. The District Court of Dawson County failed to find that the evidence admitted at trial, viewed and construed most favorably to the State, was sufficient to support a conviction.
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