State v. Rashad
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The Nebraska Supreme Court reversed the decision of the Court of Appeals in a case involving the right to a speedy trial. The defendant, Justin N. Rashad, was charged with first degree assault and use of a firearm to commit a felony in connection with the shooting of his father. Rashad argued that his right to a speedy trial, as provided by Nebraska law, was violated when the State failed to meet its evidentiary burden to show that there was good cause to continue his case past the 6-month speedy trial deadline. The trial was initially delayed because the judge had another trial scheduled. The trial was then set for a date in February, months past the speedy trial deadline.
The Supreme Court held that the evidence in the record, which consisted solely of emails regarding the scheduling of the hearing on the continuance and a transcript of that hearing, was insufficient to show that there was good cause to continue Rashad’s trial past the speedy trial deadline. The Court noted that statements of unavailability, without more, are insufficient to show that docket congestion existed, such that there was good cause to continue the trial. Furthermore, the court highlighted that the information about the judge’s availability came from statements by the judge, and that comments by the trial judge are not evidence. As such, the court concluded that the State failed to meet its burden to prove by a preponderance of the evidence that there was good cause to continue Rashad’s trial. The case was remanded to the lower court with instructions to grant Rashad's motion for absolute discharge.
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