State v. Riessland

Summary

The Nebraska Supreme Court held that an ultimately unsuccessful motion for discharge on statutory speedy trial grounds can permanently waive the defendant’s speedy trial rights when resolving the motion continues a timely trial date beyond the statutory six-month period. The court rejected the argument that waiver occurs only when the defendant appeals the denial of the motion and the denial is affirmed. The court affirmed the district court’s denial of Nicole M. Riessland’s second motion for discharge.

Holdings

1. An order that sustains the State's motion to quash a defendant's motion for discharge and schedules the case for trial is effectively an order overruling the defendant's nonfrivolous motion for absolute discharge. Because such an order affects a substantial right in a special proceeding, it is final and appealable under Neb. Rev. Stat. § 25-1902(1)(b).
2. A defendant permanently waives statutory speedy-trial rights under Neb. Rev. Stat. § 29-1207(4)(b) when an ultimately unsuccessful motion for discharge results in continuing a timely scheduled trial to a date outside the statutory six-month period, calculated as of the date the motion for discharge was filed. The waiver does not depend on the defendant appealing the denial of the motion or obtaining an affirmance on appeal.

Questions Presented

1. Whether the Nebraska Supreme Court had appellate jurisdiction over an order that sustained the State's unauthorized or unnecessary motion to quash rather than expressly denying the defendant's motion for absolute discharge.
2. Whether an ultimately unsuccessful motion for discharge permanently waives a defendant's statutory speedy-trial rights under Neb. Rev. Stat. § 29-1207(4)(b) when resolving the motion continues a timely scheduled trial to a date outside the statutory six-month period, even if the defendant does not appeal the denial of the motion.

Disposition

affirmed