State v. CatlinAnnotate this Case
The Supreme Court affirmed the judgment of the district court convicting Defendant of driving under the influence, second offense, and speeding and operating a vehicle without a driver's license, holding that the Court could not consider Defendant's assignment of error that implicitly challenged the constitutionality of Neb. Rev. Stat. 25-2705.
Section 25-2705 prohibits jury trials for criminal cases arising under city ordinances. On appeal, Defendant argued that the district court erred when it failed to found that the county court had violated his right to a jury trial. The Noting that Defendant's appeal inextricably involved an implied challenge to the constitutionality of a statute, the Supreme Court affirmed, holding that the Court could not reach the merits of Defendant's appeal because he failed to provide notice as required by Neb. Rev. Stat. 2-109(E).