Double-jeopardy argument subject of Neb. appeal
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Associated Press - October 30, 2009 12:15 PM ET
OMAHA, Neb. (AP) - A Nebraska man who pleaded guilty to manslaughter in a 2007 death is asking the Nebraska Supreme Court to stop prosecutors from also trying to convict him on a motor vehicle homicide charge.
Attorneys for Herchel Huff say convicting him on both charges amounts to double jeopardy. They want the high court to overturn a Furnas County District Court ruling that allowed the latter charge to stand.
But an attorney for the state argues the offenses are different and the double-jeopardy claim isn't valid.
The high court will hear arguments next Friday.
The charges stem from the 2007 death of Kacey Jo Warner of Arapahoe. Authorities said Warner was walking with her 3-year-old daughter when Huff hit the pair with his car. Warner's daughter survived.
On the Net:
Nebraska Supreme Court: http://www.supremecourt.ne.gov/
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