STATE v. NOLL

No. A-94-334.

527 N.W.2d 644 (1995)

3 Neb.App. 410

STATE of Nebraska, Appellee, v. Donald L. NOLL, Appellant.

Court of Appeals of Nebraska.

February 7, 1995.


Attorney(s) appearing for the Case

Louie M. Ligouri, Auburn, for appellant.

Don Stenberg, Atty. Gen., and Mark D. Starr, Lincoln, for appellee.

IRWIN and MILLER-LERMAN, Judges, and NORTON, District Judge, Retired.


IRWIN, Judge.

In this appeal, we determine whether a defendant may raise a double jeopardy claim to bar a retrial where his conviction has been reversed on appeal for trial error and where the appellate court failed to address defendant's insufficiency of the evidence claim. For the reasons set forth below, we hold that he may.

FACTUAL BACKGROUND

The record from defendant Donald L. Noll's first trial, which is contained in relevant part in the record...

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