S-25-0169 State of Nebraska (Appellee/Cross-Appellant) v. William P. Collins (Appellant/Cross-Appellee)
Appeal from the District Court for Washington County, Judge Bryan C. Meismer
Attorneys: Timothy S. Noerrlinger (Attorney at Law for Appellant) and Stacy M. Foust (Asst. Attorney General for Appellees)
Criminal: Speedy trial
Proceedings Below: Appellant filed a motion for discharge in which he alleged that his right to a speedy trial had been violated, and the district court denied the motion. Appellee petitioned to bypass the Nebraska Court of Appeals, which the Nebraska Supreme Court granted and ordered this case to be transferred to its docket.
Issues: Appellant assigns the following error: The district court erred by failing to grant the Appellant’s motion to discharge, in that the appellant’s statutory to a speedy trial had run prior to the appellee commencing a trial against him.
On cross-appeal, Appellee assigns the following errors: 1) The district court erred by not excluding time under Neb. Rev. Stat. § 29-1207(4)(a) for Appellants’ motions to quash the information and second amended information; 2) The district court erred by finding that Appellants’ motion to quash the amended information was moot and the speedy trial clock restarted on the date that the State filed the second amended information; 3) The district court erred by failing to consider whether the record established that good cause existed to exclude time under Neb. Rev. Stat. § 29-1207(4)(f); and 4) The district court erred by denying the State’s “Motion to Admit Court’s Calendar” and failing to consider such evidence as part of a good cause analysis.