May 19, 2013

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Reporter: Associated Press Email

Nebraska Supreme Court Agrees With Double Jeopardy Claim in Death of High School Coach

The Nebraska Supreme Court has vacated a manslaughter conviction and sentence in the case of a man who argued 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, and he was sentenced to another 45 years.

Huff appealed, saying the two convictions for the same death amounted to double jeopardy. The state's high court agreed, but
upheld his motor vehicle homicide conviction and sentence.


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