State v. Kelley

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State v. Kelley

Case Number
Call Date
February 4, 2020
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-19-0227 State of Nebraska v. William T. Kelley (Appellant)

District Court for Gage County, Hon. Vicky L. Johnson

Attorneys:                  Timothy S. Noerrlinger;

Douglas J. Peterson, Attorney General, and Melissa R. Vincent, Assistant Attorney General

Criminal:                    First Degree Sexual Assault, and Third Degree Sexual Assault; Plea in Bar

Proceedings below:   District court denied defendant’s plea in bar.

Issues: Whether district court erred when it denied plea in bar, rejecting defendant’s argument that current prosecution was barred by double jeopardy because the State had allegedly agreed to not prosecute these charges as part of a plea agreement in an earlier case; whether counsel in the earlier case provided ineffective assistance when counsel failed to properly memorialize the terms of the plea agreement in that case.

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