The Nebraska Supreme Court has upheld the conviction of an Omaha woman in a case that raised questions about double jeopardy.
Thirty-nine-year-old Maylesha Lewis was originally charged in 2020 with driving under the influence resulting in serious bodily injury after a crash near 110th and Harrison Streets. Her passenger, Thomas Martin, suffered critical head injuries and remained in a coma until his death in June 2021. Lewis pleaded guilty to the original charge and received a prison term followed by probation.
Following Martin’s death, Douglas County prosecutors filed a new charge of DUI motor vehicle homicide. Lewis argued that the second prosecution violated constitutional protections against double jeopardy, since she had already been convicted in connection with the crash. A district court judge initially agreed and dismissed the homicide charge.
However, the Nebraska Supreme Court reversed that ruling, noting that homicide charges could not have been filed until Martin’s death months later. The high court ruled that the state’s subsequent prosecution was valid under an exception that allows additional charges when new facts emerge after the initial trial.
Lewis was found guilty in a bench trial and sentenced to 48 months of probation along with a three-year license revocation. On Friday, the Supreme Court affirmed both her conviction and sentence, closing the case.
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