We have a brand new updated website! Click here to check it out!

Court: Separate Assault Convictions for Same Assault OK

Joshua Ballew
Joshua Ballew

OMAHA, Neb. (AP) — The Nebraska Supreme Court says convicting a person under different assault counts for a single attack does not constitute double jeopardy.

The ruling comes in the case of Joshua Ballew, convicted of two counts each of first-degree assault and second-degree assault for stabbing two men at a Lincoln party in March 2012. Ballew was sentenced to 10 to 22 years for each count.

Ballew argued that convicting him of two assault charges for the same stabbing amounted to double jeopardy.

On Friday, a majority of the high court reasoned that state law does not show clear legislative intent that the two counts constitute a single offense.

In his dissent, Justice William Connolly said even if the law were ambiguous, judicial rules require it to be resolved in Ballew’s favor.

Copyright Eagle Radio | FCC Public Files | EEO Public File