State v. Combs

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State v. Combs

Case Number
Call Date
May 26, 2017
Case Time
8:30 AM
Court Number
Case Location
Case Summary

S-16-0798 State v. Patrick J. Combs (Appellant)

Lancaster County District Court, Judge Robert Otte

Attorneys: Austin N. Relph (Attorney General’s Office) --- Robert B. Creager (Anderson, Creager & Wittstruck, P.C. (Appellant)

Criminal: Mistrial; plea in bar; jurisdiction; theft

Proceedings below: Following a trial, the jury was unable to reach a unanimous verdict and the district court declared a mistrial.  Several days later a juror indicated the jury had voted unanimously to acquit Appellant on Counts 2, 3, & 4.  The district court overruled Appellant’s motions for acquittal and plea in bar.

Issues: The district court erred in 1) failing to sustain the plea in bar as to Counts 2, 3, & 4, 2) failing to sustain the motion for judgment of acquittal as to all counts, 3) failing to dismiss the case at the close of evidence, 4) committing plain error in not inquiring as to whether the jury was deadlocked on all or some of the counts, 5) the presiding juror’s failure to publish the jury’s verdict for acquittal on counts 2, 3, & 4, and 6) the admission of opinion testimony from a caregiver as to whether the alleged victim has the capacity to execute legal documents.

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