State v. Chase

Summary

The Nebraska Supreme Court affirmed the denial of Amandah K. Chase’s motion for absolute discharge based on the statutory right to a speedy trial. The court held that judicial delays caused by the COVID-19 pandemic could be excluded for good cause under Nebraska’s speedy-trial statute, even when the supporting evidence was presented at the later discharge hearing rather than when the continuances were ordered. The court concluded that the record supported the finding of good cause and affirmed the district court’s judgment.

Holdings

1. Periods of delay caused by a court's sua sponte orders may be excluded under Neb. Rev. Stat. § 29-1207(4)(f) when the State proves by a preponderance of the evidence that the delays were for good cause.
2. When a court sua sponte delays trial, evidence of good cause may be presented at the hearing on the defendant's motion for absolute discharge and need not be articulated at the time of the delay order, provided that the substantial reason for the delay objectively existed when the delay occurred.
3. The statutory six-month speedy-trial period is calculated by excluding the complaint-filing date, counting forward six months, backing up one day, and adding statutorily excludable periods; when trial has not commenced within that period, the State bears the burden of proving applicable exclusions by a preponderance of the evidence.
4. The denial of a motion for discharge under Nebraska's speedy-trial statutes is a final order under Neb. Rev. Stat. § 25-1902 and is appealable.

Questions Presented

1. Whether the county court properly excluded periods of judicial delay from the statutory speedy-trial calculation under Neb. Rev. Stat. § 29-1207(4)(f).
2. Whether good-cause evidence supporting sua sponte trial delays had to be presented and articulated contemporaneously with each delay, rather than at the hearing on the motion for absolute discharge.
3. Whether the denial of a motion for absolute discharge under Nebraska's speedy-trial statutes is a final, appealable order.

Disposition

affirmed