We note initially that Alba filed his appeal in the Court of Appeals and raised excessiveness of sentences as his sole assignment of error. Alba raised no issue regarding the validity of his plea-based convictions and did not seek to have his convictions vacated. We further note that the State did not file a complimentary error proceeding pursuant to Neb. Rev. Stat. § 29-2315.01 (Cum. Supp. 2004), raising an issue as to whether a plea agreement should be vacated where it is based on the parties' mutual mistake.No, I guess the Attorney General should have been more complimentary of counsel for defendant's acuity in spotting the Douglas County Attorney's snafu in allowing a recidivist child predator to jam out in time to see the Huskers win a Big 12 title
Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.
Monday, December 05, 2005
Word of the day Department: Solecism Dear Justice Lindsey-Wellesley-Columbia-Miller-Lerman; look up complimentary and complementary State v. Alba, 270 Neb. 656 December 2, 2005. No. S-04-1125. You should run this decision through your grammar check again:
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And I always thought such proceedings were free, like the mints in the bailiff's office.
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