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.
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.
Pleadings. Issues regarding the grant or
denial of a plea in bar are questions of law.
Judgments: Appeal and Error. On a question
of law, an appellate court reaches a conclusion independent
of the court below.
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
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
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.
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.
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
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.
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
J. Sipple, of Johnson & Mock, P.C., L.L.O., for
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.
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 ...