State v. Combs
297 Neb. 422
| Neb. | 2017Background
- Patrick J. Combs was tried on four counts related to financial misconduct; the jury deliberated for 3 days but the trial ended in a mistrial after the jury reported it was deadlocked.
- After the mistrial (which Combs requested), Combs learned via juror communications and an affidavit from the presiding juror that the jury had reportedly unanimously voted to acquit on three counts and was split on the fourth.
- The jury never returned a verdict in open court, did not complete the verdict form, and no verdict was accepted or announced by the court.
- Combs moved for judgment of acquittal post-mistrial and filed a plea in bar asserting double jeopardy barred retrial on the three counts the jury had allegedly unanimously acquitted him of.
- The district court overruled the motion for judgment of acquittal and the plea in bar; Combs appealed only the overruling of the plea in bar (the court treated that order as a final, appealable order).
Issues
| Issue | Plaintiff's Argument (Combs) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether retrial on three counts is barred by Double Jeopardy after a mistrial | Jury had unanimously acquitted on three counts during deliberations; acquittal bars retrial | No formal verdict was rendered; jurors’ private votes are not valid verdicts; mistrial requested by defendant allows retrial | Held: Double Jeopardy does not bar retrial — no formal verdict was rendered and mistrial was at defendant’s request |
| Whether the district court’s overruling of plea in bar is appealable | Appeals from the plea in bar should be reviewable | The plea in bar overrule is a final, appealable order under §25-1902 | Held: Court has jurisdiction; order overruling plea in bar is final and appealable |
| Whether post-mistrial motion for judgment of acquittal was timely/valid | Judgment of acquittal should have been granted based on juror evidence | Motion was untimely because it was filed after mistrial; directed-verdict motions must be made before mistrial; trial rulings waived by defendant when he continued to present evidence | Held: Motion was untimely and waived; not a basis to bar retrial |
| Whether juror communications (affidavit/emails) established an acquittal | Juror affidavit/email evidence shows unanimous acquittals on certain counts | Private jury votes and internal deliberations are not verdicts; verdict must be rendered in open court and accepted by judge | Held: Private votes are not verdicts; juror communications cannot substitute for a formal verdict |
Key Cases Cited
- Oregon v. Kennedy, 456 U.S. 667 (prosecution conduct intended to provoke mistrial can bar retrial)
- Arizona v. Washington, 434 U.S. 497 (mistrial over defendant's objection requires manifest necessity for retrial)
- Benton v. Maryland, 395 U.S. 784 (Double Jeopardy Clause applies to states via Fourteenth Amendment)
- State v. Williams, 278 Neb. 841 (plea in bar may assert nonfrivolous double jeopardy claims; overruling plea in bar is final)
- State v. Todd, 296 Neb. 424 (questions regarding plea in bar are questions of law reviewed independently)
- State v. Anderson, 193 Neb. 467 (jury action in deliberation is not a verdict; verdict must be rendered in open court)