State v. SpaceAnnotate this Case
The Supreme Court overruled the exception filed by the State in this exception proceeding after the district court granted Defendant's motion for absolute discharge, holding that there was no merit to the State's arguments.
Shortly before the scheduled date for his trial Defendant moved for absolute discharge on the grounds that she had not been brought to trial before the running of the six-month speedy trial period under Neb. Rev. Stat. 29-1207. The district court granted absolute discharge. The State then filed this exception proceeding, arguing that by agreeing to an initial trial date that was outside the sixth-month speedy trial period, Defendant consented to the excludable period of delay within the meaning of Neb. Rev. Stat. 29-1207(4)(b) or, alternatively, that the Defendant invited the error in scheduling. The Supreme Court overruled the exception, holding that the trial court correctly found that the State failed to bring Defendant to trial before the running of the statutory speedy trial period.