May 23, 2012
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Reporter: Associated Press

Nebraska Supreme Court to Hear Double Jeopardy Appeal

The Nebraska Supreme Court will hear arguments in the appeal of a man who says he was essentially convicted twice for his role in the 2007 drunken driving death of a rural Nebraska high school volleyball coach.

Authorities say Herchel Huff was drunk and speeding when he hit
and killed Kacey Jo Warner of Arapahoe as she was jogging with her
3-year-old daughter.

Huff pleaded guilty to manslaughter and was sentenced to 20 years.

But a Furnas County jury later convicted him of motor vehicle homicide in Warner's death. That charge was based partly on Huff's
two previous DUI convictions. He was sentenced to 45 years for that
conviction.

Huff's appeal says his convictions on the two counts for the same death violate his constitutional protection against double jeopardy.


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