(1) An appeal to the Supreme Court
shall be available to any pregnant woman for whom a court denies an order
authorizing an abortion without consent. An order authorizing
an abortion without consent shall not be subject
to appeal.
(2) An adverse ruling by the court may be appealed to the
Supreme Court.
(3) A pregnant woman may file a notice of appeal of any final
order to the Supreme Court. The State Court Administrator shall develop the
form for notice of appeal and accompanying instructions on the procedure for
an appeal. A sufficient number of forms for notice of appeal and instructions
shall be made available in each courthouse in such place that members of the
general public can obtain a form and instructions without requesting such
form and instructions from the clerk of the court or other court personnel.
(4) The clerk of the court shall cause the court transcript
and bill of exceptions to be filed with the Supreme Court within four business
days, but in no event later than seven calendar days, from the date of the
filing of the notice of appeal.
(5) In all appeals under this section the pregnant woman shall
have the right of a confidential and expedited appeal and the right to counsel
at the appellate level if not already represented. Such counsel shall be appointed
by the court and shall receive a fee to be fixed by the court and to be paid
out of the treasury of the county in which the proceeding was held. The pregnant
woman shall not be required to appear.
(6) The Supreme Court shall hear the appeal de novo on the
record and issue a written decision which shall be provided immediately to
the pregnant woman, the pregnant woman's guardian ad litem, the pregnant woman's
attorney, or any other person designated by the pregnant woman to receive
the order.
(7) The Supreme Court shall rule within seven calendar days
from the time of the docketing of the appeal in the Supreme Court.
(8) The Supreme Court shall adopt and promulgate rules to
ensure that proceedings under this section are handled in a confidential and
expeditious manner.
Notes of Decisions
Cited in
6
cases, 1997–2013 · leading case:
In Re Anonymous 2, 570 N.W.2d 836 (Neb. 1997).
In Re Anonymous 2, 570 N.W.2d 836 (Neb. 1997).
· cites it 7× “The district court found that Anonymous 2 was not a mature minor and was not capable of giving consent to the proposed abortion and that it was not in her best interests for the physician to perform the proposed abortion upon her without prior notification to one or both of her…”
In Re Petition of Anonymous 1, 558 N.W.2d 784 (Neb. 1997).
· cites it 4× “" The judge below entered an order denying such authorization, finding that the petitioner "is not a mature minor and is not capable of giving informed consent to the proposed abortion, and it is not in the best interests of the [p]etitioner for the physician to perform the…”
In the Interest of Doe, 33 A.3d 615 (Pa. 2011).
“Neb.Rev.Stat. § 71-6904(6) (providing that “[t]he Supreme Court shall hear the appeal de novo on the record and issue a written decision which shall be provided immediately to the pregnant woman, the pregnant woman’s guardian ad litem, the pregnant woman’s attorney, or any other…”
State v. Richard F., 698 N.W.2d 468 (Neb. Ct. App. 2005).
· cites it 2× “n for summary dismissal is premised upon §25-1914, which states: On appeal in any case taken from the district court to the Court of Appeals or Supreme Court, other than an appeal pursuant to section 71-6904, the appellant or appellants shall, within thirty days after the entry…”
In Re Anonymous 3, 782 N.W.2d 591 (Neb. 2010).
· cites it 3× “The district court denied her request, and pursuant to the expedited procedures outlined in § 71-6904, she appeals to this court. The issue in this case is not whether petitioner can obtain an abortion, [1] but whether, pursuant to § 71-6902, a parent must be notified 48 hours…”
In re Petition of Anonymous 5 (Neb. 2013).
· cites it 4× “§ 71-6904 (6) (Cum. Supp. 2012), the Nebraska Supreme Court hears an appeal from a final order denying authorization for an abortion without the consent of a parent or guardian de novo on the record.”
— Neb. Rev. Stat. § 71-6904(6) — 5 cases
In Re Petition of Anonymous 1, 558 N.W.2d 784 (Neb. 1997).
“" The judge below entered an order denying such authorization, finding that the petitioner "is not a mature minor and is not capable of giving informed consent to the proposed abortion, and it is not in the best interests of the [p]etitioner for the physician to perform the…”
In Re Anonymous 2, 570 N.W.2d 836 (Neb. 1997).
“The district court found that Anonymous 2 was not a mature minor and was not capable of giving consent to the proposed abortion and that it was not in her best interests for the physician to perform the proposed abortion upon her without prior notification to one or both of her…”
In the Interest of Doe, 33 A.3d 615 (Pa. 2011).
“Neb.Rev.Stat. § 71-6904(6) (providing that “[t]he Supreme Court shall hear the appeal de novo on the record and issue a written decision which shall be provided immediately to the pregnant woman, the pregnant woman’s guardian ad litem, the pregnant woman’s attorney, or any other…”
In Re Anonymous 3, 782 N.W.2d 591 (Neb. 2010).
“The district court denied her request, and pursuant to the expedited procedures outlined in § 71-6904, she appeals to this court. The issue in this case is not whether petitioner can obtain an abortion, [1] but whether, pursuant to § 71-6902, a parent must be notified 48 hours…”
In re Petition of Anonymous 5 (Neb. 2013).
“§ 71-6904 (6) (Cum. Supp. 2012), the Nebraska Supreme Court hears an appeal from a final order denying authorization for an abortion without the consent of a parent or guardian de novo on the record.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.