STATE v. JACKSON

No. S-07-084.

742 N.W.2d 751 (2007)

274 Neb. 724

STATE of Nebraska, appellee, v. Regina A. JACKSON, appellant.

Supreme Court of Nebraska.

December 21, 2007.


Attorney(s) appearing for the Case

Thomas C. Riley, Douglas County Public Defender, and Mark A. Mendenhall for appellant.

Paul D. Kratz, Omaha City Attorney, Martin J. Conboy III, Omaha City Prosecutor, and J. Michael Tesar, Omaha, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


STEPHAN, J.

The question presented in this appeal is whether a mistrial resulting from the recusal of the trial judge during a bench trial bars retrial under the double jeopardy provisions of the state and federal Constitutions. The issue turns on whether the record reflects a "manifest necessity" for terminating the trial. We conclude that it does not.

BACKGROUND

Regina A. Jackson was charged in the county...

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