Criminal Property Forfeiture Double Jeopardy Clause
State v. Franco, 257 Neb. 15, 594 N.W.2d 633 (1999), holds that generally, the Double Jeopardy Clause prevents both property or money forfeiture proceedings and criminal charges against a defendant arising from the same incident. In this appeal, we determine whether Franco extends to a case where a forfeiture is followed by a criminal conviction which results from a guilty plea.
See United States v. Broce, 488 U.S. 563, 109 S. Ct. 757, 102 L. Ed. 2d 927 (1989) (holding that entry of valid guilty plea, absent any procedural or constitutional violations, effectively forfeits defendant's right to assert defense of double jeopardy).
See, Kelly v. Kelly, 246 Neb. 55, 516 N.W.2d 612 (1994); State v. Clark, 8 Neb. App. 525, 598 N.W.2d 765 (1999) (appellate court is not obligated to engage in analysis which is unnecessary to adjudicate case and controversy before it).