In re Interest of Gunner B.

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In re Interest of Gunner B.

Case Number
Call Date
August 30, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
County Court
Case Summary

S-21-0949 In re Interest of Gunner B.

Appeal from the County Court for Otoe County sitting as a juvenile court, Judge Robert B. O’Neal

Attorneys: Jennifer Panko-Rahe & Seth W. Hawkins (Otoe County Attorney’s Office for Appellee) and Angela M. Minahan (Reinsch, Slattery, Bear, Minahan & Prickett, P.C., L.L.O. for Appellant)

Juvenile: Delinquency adjudication

Proceedings below: The trial court adjudicated Appellant under Neb. Rev. Stat. §43-247(1).  On its own motion, the Nebraska Supreme Court ordered this case be removed from the docket of the Nebraska Court of Appeals and transferred to its docket.

Issues: Appellant makes the following assignments of error:  1) The juvenile court erred in finding that Gunner B., subjected M.M., to sexual contact because the evidence presented at trial was insufficient to support a finding of guilt beyond a reasonable doubt; 2) The State failed to show that Gunner B. knew or should have known that M.M. was mentally or physically incapable of resisting or appraising the nature of his conduct; and 3) The evidence was insufficient to establish that the touching, if it occurred was for the purpose of sexual arousal or gratification of either party so as to support a conviction for sexual assault in the third degree.

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