Case Summary
On an unknown date, Otto Rose was originally arrested based on a May 21st, 1920 complaint charging him with delinquency. The complaint alleged that Otto was immoral and took Gertrude Dohse to the Howard Hotel and kept her there for several days and sold some of her jewelry. Otto was then re-arrested on February 13th, 1921 and held without bond. On February 21st, Otto was sentenced to the State Industrial School at Kearney. On March 7th, Otto filed a petition for a writ of habeas corpus. He claimed he was being unlawfully imprisoned and that his constitutional rights were being violated. Otto claimed that the complaint under which he was arrested did not specify a crime under Nebraska statute and did not state that a crime had been committed or that there had been any violation of any statute or ordinance. Additionally, he claimed that upon his arrest he was not permitted to engage counsel , present evidence, received no notice of hearing, and was not permitted a jury trial. He named August Vosberg, Chief Juvenile Officer, as the respondent. The petition was granted, but on March 8th the writ was denied and bond ordered. Otto began the appeals process almost immediately. On March 11th, documents for a motion for a new trial, notice of appeal, and application for recognizance were filed. In the motion for a new trial, Otto's lawyer alleged that the judgment and findings of the court were not sustained by evidence and were contrary to law. They also alleged that the court erred in not directing the juvenile court to give Otto a fair trial and in overruling Otto's motion to have a physician testify that he was not fit to stand trial. The motion for a new trial and application for recognizance were overruled and denied. The Supreme Court affirmed Otto's claims, finding that the return from Vosberg did not indicate that Otto had been charged with any crime whatsoever nor that he was an appropriate candidate for the industrial school. The Supreme Court reversed the District Court's decision and ordered that Otto be released from custody.
Case Information
Petition type(s)
Petition subtype(s)
Sites of significance
Outcome
Writ allowed
Fate of bound party
Released from custody
Case Citation
Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series: Criminal Appearance Docket Books, Vol. 23: ca. 1920 - 1920, p. 452; Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Reel 97: 23-447 to 23-587, Mar. 1, 1921 - May 21, 1921, No. 23-452
Source material(s)
Docket |
Case File
Length of case file
Between 21 and 30 pages
Repository(s)
State
Tag(s)
- Institutionalization
- Appeal
