State v. Kolbjornsen

The State filed an information charging Defendant, a Nebraska prisoner, with assault by a confined person. Defendant later filed two motions seeking relief under the speedy trial provisions of two different legislative acts. Specifically, Defendant filed a motion requesting absolute discharge under Neb. Rev. Stat. 29-1207 and a motion seeking to dismiss the case for lack of jurisdiction under Neb. Rev. Stat. 29-3805. The district court denied defendant’s motions, concluding that neither time limit required dismissal at the time Defendant filed his motions. The Supreme Court affirmed, holding (1) the speedy trial provisions of section 29-1207 had no application to Defendant; (2) the district court did not clearly err in determining that courtroom unavailability established good cause to extend the time in which to try Defendant; and (3) because the time to try Defendant had not expired when he filed his motion to dismiss the case, the district court properly overruled Defendant’s motion. View "State v. Kolbjornsen" on Justia Law