State v. JenningsAnnotate this Case
The Supreme Court reversed the judgment of the district court denying Appellant's motion for absolute discharge, holding that Appellant's assignment of error was both reviewable and meritorious.
On appeal from the denial of his motion for absolute discharge, Appellant argued that he was not tried within the statutory six-month period under Neb. Rev. Stat. 29-1207 and that the State failed to prove that the delay was the result of any properly excluded period. The Supreme Court agreed and remanded the cause with directions to grant Appellant's motion for absolute discharge, holding that Appellant was not tried within six months of the complaint being filed and that the State failed to meet its burden of proving excludable time.