S-25-0761 State of Nebraska (Appellee) v. Louis M. Walker (Appellant)
Appeal from the District Court for Douglas County, Judge Todd O. Engleman
Attorneys: Christine A. Mori (Douglas County Public Defender’s Office for Appellant) and Stacy M. Foust (Nebraska Attorney General’s Office for Appellee)
Criminal: Speedy trial
Proceedings below: In 2004, Appellant was charged with two counts of first-degree murder, and the State dismissed the charges. In 2025, the State refiled the first-degree murder charges. Appellant alleged that his speedy trial right was violated and filed a motion for complete discharge. The district court overruled Appellant’s motion. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellant assigns the following error: The district court erred in denying Appellant’s motion for discharge when the State failed to prove by a ponderance of the evidence that the motion for reciprocal discovery remained pending in the absence of a formal written order, improperly shifting the burden of proving excludable time to the Defendant.