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STATE v. HUFF

No. S-10-562.

802 N.W.2d 77 (2011)

282 Neb. 78

STATE of Nebraska, appellee, v. Herchel Harold HUFF, appellant.

Supreme Court of Nebraska.

August 26, 2011.

Attorney(s) appearing for the Case

Charles D. Brewster , Kearney, and Jonathan R. Brandt , of Anderson, Klein, Swan & Brewster, and Richard Calkins , Alma, for appellant.

Jon Bruning , Attorney General, and Erin E. Tangeman for appellee.

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

GERRARD, J.

Herchel Harold Huff was driving a motor vehicle that struck and killed Kasey Jo Warner on a county road in Furnas County, Nebraska. Huff was convicted of several charges in connection with the accident, including manslaughter and motor vehicle homicide. The primary issue in this appeal is whether double jeopardy precludes punishment for both those offenses.

BACKGROUND

On the afternoon of the accident, Huff had been at a bar in Oxford...

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