State v. Beitel

Defendant and his father were both charged with criminal conspiracy to commit felony theft. The district court joined the two cases for trial. Before trial, Defendant filed a motion for absolute discharge alleging that his speedy trial time had run. The district court overruled Defendant’s motion, concluding that the codefendant exclusion of Neb. Rev. Stat. 29-1207(4)(e) applied to exclude additional time. The Supreme Court affirmed, holding (1) the trial court correctly interpreted and applied the codefendant exclusion under section 29-1207(4)(e); and (2) the trial court did not clearly err in finding that all three factors under the statute were proved by a preponderance of the evidence or in computing Defendant’s speedy trial time. View "State v. Beitel" on Justia Law