Dugan v. State

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Defendant was arrested in Wyoming, waived extradition, was returned to Nebraska, and was charged with one count of theft by unlawful taking. Defendant filed in the trial court a motion for absolute discharge for violation of his constitutional rights, alleging that his extradition was procedurally improper and that his arrest warrant was defective. The trial court denied the motion. Thereafter, Defendant was found guilty. After Defendant was sentenced, the appeal from the denial of his motion for absolute discharge was voluntarily dismissed. The court of appeals affirmed Defendant’s convictions and sentences on direct appeal. Defendant then filed an application in the district court for a writ of habeas corpus alleging that his conviction and sentence were void because the trial court lacked jurisdiction to continue with his trial while his appeal from the denial of the motion for absolute discharge was pending. The court dismissed Defendant’s application. The Supreme Court affirmed, holding that because the trial court’s denial of Defendant’s motion for absolute discharge was not a final order, the trial court was not divested of jurisdiction when Defendant filed this interlocutory appeal. View "Dugan v. State" on Justia Law

Posted in: Criminal Law

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