S-25-0125 State of Nebraska (Appellant) v. Trevor M. Jones (Appellee)
Appeal from the Nebraska Court of Appeals on appeal from the District Court for Lancaster County, Judge Susan I. Strong
Attorneys: Michael J. Wilson and Mallory N. Hughes (Berry Law Firm) for Appellee; Michael T. Hilgers (Nebraska Attorney General); Cody S. Barnett (Solicitor General) and Zachary A. Viglianco (Principal Deputy Solicitor General) for Appellant, State of Nebraska
Criminal: Speedy trial
Proceedings Below: Appellant moved to dismiss his criminal charges because his speedy trial rights were violated, and the district court granted the motion and dismissed the charges. On appeal, the Nebraska Court of Appeals determined that the State failed to follow the statutory procedure for taking exception to adverse criminal decisions, and it dismissed the appeal. The State petitioned for further review, which the Nebraska Supreme Court granted and ordered that this case be transferred to its docket and directed the parties to file supplemental briefs.
Issues: In its petition for further review, the State assigns the following errors: 1) The Court of Appeals erred when it granted Appellee’s motion for summary dismissal before the ten-day response period had run; and 2) The Court of Appeals wrongly concluded that the State must invoke the “exceptions” statute, Neb. Rev. Stat. § 29- 2315.01, to appeal an order granting a motion to discharge.