Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Todd

Supreme Court of Nebraska

April 14, 2017

State of Nebraska, appellee,
v.
Dawnelle C. Todd, appellant.

         1. Criminal Law: Courts: Appeal and Error. In an appeal of a criminal case from the county court, the district court acts as an intermediate court of appeals, and its review is limited to an examination of the record for error or abuse of discretion.

         2. Courts: Judgments: Appeal and Error. Both the district court and a higher appellate court generally review appeals from the county court for error appearing on the record. When reviewing a judgment for errors appearing on the record, an appellate court's inquiry is whether the decision conforms to the law, is supported by competent evidence, and is neither arbitrary, capricious, nor unreasonable. But an appellate court independently reviews questions of law in appeals from the county court.

         3. Pleadings. Issues regarding the grant or denial of a plea in bar are questions of law.

         4. Judgments: Appeal and Error. On a question of law, an appellate court reaches a conclusion independent of the court below.

         5. Motions for Mistrial: Juries: Appeal and Error. A trial court's determination to declare a mistrial based on its finding that a manifest necessity exists for discharging the jury is reviewed for an abuse of discretion.

         6. Constitutional Law: Double Jeopardy. The Double Jeopardy Clauses of both the federal and the Nebraska Constitutions protect a defendant against a second prosecution for the same offense after an acquittal or conviction.

         7. Double Jeopardy: Motions for Mistrial. A mistrial does not automatically terminate jeopardy, because a trial can be discontinued when particular circumstances manifest a necessity for doing so, and when failure to discontinue would defeat the ends of justice.

         [296 Neb. 425] 8. __: __ . Double jeopardy does not arise if the State can demonstrate manifest necessity for a mistrial declared over the objection of the defendant.

         9. Double Jeopardy: Motions for Mistrial: Records. A specific finding of manifest necessity is not necessary to prevent termination of jeopardy if the record provides sufficient justification for the mistrial ruling.

         10. Motions for Mistrial: Records. Where the reason for a mistrial is not clear from the record, the uncertainty with respect to manifest necessity must be resolved in favor of the defendant.

         Appeal from the District Court for Dodge County, Geoffrey C. Hall, Judge, on appeal thereto from the County Court for Dodge County, Kenneth Vampola, Judge. Judgment of District Court affirmed.

          Adam J. Sipple, of Johnson & Mock, P.C., L.L.O., for appellant.

          Douglas J. Peterson, Attorney General, Erin E. Tangeman, and, on brief, George R. Love for appellee.

          Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy, Kelch, and Funke, JJ.

          Miller-Lerman, J.

         NATURE OF CASE

         Dawnelle C. Todd appeals the decision of the district court for Dodge County affirming the order of the Dodge County Court which denied Todd's plea in bar. The county court had found that events at trial amounted to a manifest necessity to declare a mistrial and that therefore, the Double ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.