S-23-0240 State of Nebraska (Appellee) v. Ashlee R. Corbin (Appellant)
Appeal from District Court for Otoe County, Judge Julie D. Smith
Attorneys: Julie E. Bear (Reinsch, Slattery, Bear, Minahan & Prickett, P.C., L.L.O. for Appellant) and Austin Relph (Asst. Attorney General for Appellee).
Criminal: Forfeiture Actions and Double Jeopardy
Proceedings below: The State charged Appellant with seven drug offenses, including five felonies, and Appellant filed a Plea in Bar alleging that the Double Jeopardy Clause prohibits prosecution on these counts due to a previous forfeiture arising from the same circumstances. The trial court overruled Appellant’s Plea in Bar. Appellant filed a Petition to Bypass the Court of Appeals, which the Supreme Court sustained and ordered this matter be transferred to its docket.
Issues: Appellant makes the following assignment of error: 1) The District Court erred in overruling the Appellant’s plea in bar because the Double Jeopardy Clauses of the Constitution of the United States and State of Nebraska prohibit the State from bringing a criminal proceeding against the Appellant after jeopardy had already attached in the forfeiture proceeding arising from the same set of facts.