State v. Johnson
967 N.W.2d 242
Neb.2021Background
- In June 2015 Johnson and Shelley Petersen obtained a Nebraska marriage license; on July 4, 2015 Johnson’s sister (an ordained minister) performed a wedding ceremony in Texas. The original Nebraska license was not initially filed.
- The couple lived together intermittently, used married labels in texts, and Petersen attempted to change her name with SSA.
- When the unfiled license was discovered, Johnson and Petersen signed a replacement license that was filed in January 2017 showing a July 2015 ceremony date.
- Johnson later married Natalie Forney in November 2018; no divorce between Johnson and Petersen was shown.
- Johnson was charged and convicted of bigamy in county court (30-day jail sentence); the district court affirmed on appeal. The Nebraska Supreme Court granted bypass and affirmed the conviction.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Johnson) | Held |
|---|---|---|---|
| Whether a bigamy prosecution may rest on a voidable marriage | Bigamy statutory language covers any "married person"; a voidable marriage is treated as valid and can support prosecution | Voidable (or invalid under § 42-104) marriages should not qualify; Johnson’s prior marriage was not valid because solemnization occurred in Texas | Court: A voidable marriage is treated as valid until annulled and may support a bigamy charge (affirmed) |
| Whether Johnson’s 2015 marriage to Petersen was valid | The State: evidence (licenses, ceremony, parties’ conduct) established Johnson was a married person | Johnson: Nebraska § 42-104 requires solemnization in Nebraska when license issued here, so Texas ceremony made marriage invalid | Court: Marriage was at least voidable (and likely valid under Texas law); evidence supported finding he was married |
| Sufficiency of the evidence to prove bigamy beyond a reasonable doubt | Documents, filed certificates, lack of divorce, clerk communications, and parties’ conduct proved elements | Johnson argued marriage invalid so he was not a "married person" when he married Forney | Court: Viewing record in favor of prosecution, evidence was competent and sufficient to sustain conviction |
| Burden on affirmative defense (reasonable belief of eligibility to remarry) | State: once defendant raises the defense, State must disprove it beyond a reasonable doubt | Johnson: claimed reasonable belief he was eligible because prior marriage invalid | Court: Defendant must initially produce some evidence to raise the defense; Johnson produced sufficient evidence but State disproved it on the record |
Key Cases Cited
- State v. Ferrin, 305 Neb. 762 (2020) (principles for construing penal statutes)
- State v. Gomez, 305 Neb. 222 (2020) (court will not supply missing words to penal statutes)
- Christensen v. Christensen, 144 Neb. 763 (1944) (statute regulating marriage formalities does not necessarily affect marital validity)
- Collins v. Hoag & Rollins, 122 Neb. 805 (1932) (status of marriage and recognition where parties believe they were lawfully joined)
- Watts v. Watts, 250 Neb. 38 (1996) (voidable marriage is valid for civil purposes until annulled)
- Carmichael v. State, 12 Ohio St. 553 (1861) (voidable marriage may not be a shield against bigamy prosecution)