S-17-0540 State v. Antonio Leon-Simaj (Appellant)
Douglas County District Court, Judge Mary C. Gilbride
Attorneys: Melissa R. Vincent (Attorney General’s Office) --- Christopher J. Roth (Forney Roth, LLC)(Appellant)
Criminal: Mistrial; 1st degree sexual assault; possession of child pornography
Proceedings Below: A trial was conducted before the district court declared a mistrial. The district court denied Appellant’s plea in bar.
Issues: The district court erred in 1) determining that Counsel’s question to E.Z. regarding her prior act of burglary was an improper question under Neb. Rev. Stat. §27-609, without giving regard or analysis to whether the question was proper under §27-608, both at the mistrial hearing and plea in bar hearing, and 2) finding manifest necessity for a mistrial given that there was no violation of the Rules of Evidence, and further erred when it denied the Appellant’s Plea in Bar.