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City of Beatrice v. Meints

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Thursday, October 17, 2013

A-12-1083 through 12-1107, City of Beatrice, Nebraska v. Daniel A. Meints (Appellant)

Gage County, District Court Judge Daniel E. Bryan, Jr.

Attorney for Appellant:  Terry K. Barber (Barber & Barber, P.C., L.L.O.)

Attorney for Appellee:  Gregory A. Butcher (City Attorney’s Office)

Criminal Action:  Beatrice City Code 16-623, unregistered motor vehicles

Action Taken by Trial Court:  Appellant was charged with 12 counts on 25 different dates for violation of the city code regarding unregistered motor vehicles on his property. The county court overruled Meints’ motion to suppress and found him guilty on all counts on all dates. The county court also overruled Meints’ motion to quash and overruled his plea in bar. The district court affirmed as to all counts except 11 and 12 and reversed and remanded those two counts to the county court to be dismissed.

Assignments of Error on Appeal:  Did the district court err in affirming the trial court’s decision to overrule Meints’ motion to suppress. Did the district court err in affirming the convictions, finding there was sufficient evidence supporting each conviction? Does section 16-623 of the Beatrice City Code criminalize activity which is lawful under the Nebraska Revised Statutes? Did the district court err in finding multiple prosecutions for violations of 16-623 did not violate the double jeopardy clause of the Fifth Amendment?

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