S-22-0612 State of Nebraska (Appellee) v. Jacob E. Dolinar (Appellant)
Appeal from the District Court for Buffalo County, Judge John H. Marsh
Attorneys: Renee L. Mathias (Berry Law Firm for Appellant) and Austin N. Relph (Asst. Attorney General for Appellee)
Criminal: Forfeiture Actions and Double Jeopardy
Proceedings below: Appellant was charged with two counts of possession of a controlled substance and one count of a prohibited act. Appellant filed a Plea in Bar alleging that the Double Jeopardy Clauses of the United States and Nebraska Constitutions prohibit prosecution on these counts due to a previous forfeiture case. Appellant’s Plea in Bar was overruled by the trial court. Appellee 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: The trial court erred in overruling his plea in bar because the Double Jeopardy Clauses of the U.S. Nebraska Constitutions prohibited the State from bringing a criminal proceeding against him after jeopardy had already attached in a forfeiture action arising from same set of facts.