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STATE v. LEON-SIMAJ

No. S-17-540.

913 N.W.2d 722 (2018)

300 Neb. 317

STATE of Nebraska, appellee, v. Antonio LEON-SIMAJ, also known as Antonio Leon-Batz, appellant.

Supreme Court of Nebraska.

Filed June 22, 2018.

Attorney(s) appearing for the Case

Christopher J. Roth , of Forney Roth, L.L.C., Omaha, for appellant.

Douglas J. Peterson , Attorney General, and Melissa R. Vincent , Lincoln, for appellee.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, and Funke, JJ., and Riedmann, Judge, and Martinez, District Judge.

NATURE OF CASE

The defendant appeals from the denial of his plea in bar, alleging that retrial following a mistrial would violate prohibitions against double jeopardy.1 The mistrial was declared by the trial court following the court's determination that defense counsel's questioning...

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