Saturday, May 17, 2008

Case summary: Omaha attorney gets to take her Third offense driving while intoxicated case to the Nebraska Supreme Court. Nebraska Judicial Branch Case Summaries. S-07-0464, State (Appellant) v. Willow T. Head Douglas County, Judge Peter C. Bataillon Attorneys: James M. Masteller (County Attorney’s Office) (Appellant) --- James E. Schaefer, Jill A. Daley (Gallup & Schaefer) Criminal: DUI, 3rd offense Proceedings below: The trial court found two valid prior convictions and enhanced Head’s DUI to 3rd offense. The State filed an application for error proceedings which was granted. The Nebraska Court of Appeals in 2006 sent the case back to the District Court because Head's motion to quash evidence of the prior convictions was not ripe for review. State v. Head, 712 N.W.2d 822, 14 Neb.App. 684 (Neb.App. 04/18/2006) The Court of Appeals reversed the decision of the district court and remanded with directions. See State v. Head, memorandum opinion, A-07-0464, January 3, 2008. Head filed a petition for further review which was granted by the Nebraska Supreme Court. Issues on Review: The court of appeals (1) had no statutory authority to remand for further proceedings under Neb. Rev. Stat. § 29-2316 because jeopardy attached; (2) erred in relying on State v. Keen, 272 Neb. 123 (2006) to reach the finding that the district court improperly rejected Head’s 2002 DUI conviction based on its interpretation of State v. Loyd, 265 Neb. 232 (2003) as State v. Keen did not overrule State v. Loyd.

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