State v. Coomes
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The Supreme Court affirmed the judgment of the district court denying Appellant's motion for absolute discharge, holding that Appellant's statutory speedy trial rights were not violated.
On appeal, Defendant argued that the district court impermissibly shifted the burden of proof during the hearing on his motion for absolute discharge and erred in finding good cause under Neb. Rev. Stat. 29-1207(4)(f) to exclude a period of time immediately following the appointment of replacement defense counsel. The Supreme Court affirmed, holding (1) there was no plain error regarding either the order of proof or the burden of proof; and (2) there was no statutory speedy trial violation, and therefore, the district court properly overruled Appellant's motion.
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