STATE v. LYNCH

No. S-94-626.

533 N.W.2d 905 (1995)

248 Neb. 234

STATE of Nebraska, Appellee, v. Patrick B. LYNCH, Appellant.

Supreme Court of Nebraska.

June 16, 1995.


Attorney(s) appearing for the Case

Michael L. Jeffrey, of Jeffrey, Hahn, Hemmerling & Zimmerman, P.C., Lincoln, for appellant.

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

Before WHITE, C.J., CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, and CONNOLLY, JJ., and RONIN, District Judge, Retired.


WRIGHT, Justice.

Patrick B. Lynch appeals the denial of his plea in bar, in which he claimed that criminal charges of conspiracy to escape and attempted escape should be barred because he had previously been "tried" for those crimes in a prison disciplinary proceeding.

SCOPE OF REVIEW

The denial of a plea in bar is a final order as defined in Neb.Rev.Stat. § 25-1902 (Reissue 1989). State v. Milenkovich...

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