State v. Washington

Summary

The Nebraska Supreme Court held that the period from the filing to the final disposition of a defendant's discovery motion is excluded from the statutory six-month speedy-trial calculation under Neb. Rev. Stat. § 29-1207(4)(a). Because excluding that period made Washington's motion to discharge timely before expiration of the speedy-trial period, the court sustained the State's exceptions and remanded for further proceedings.

Holdings

1. The entire period between the filing and final disposition of a defendant's discovery motion is excluded from the six-month statutory speedy-trial calculation under Neb. Rev. Stat. § 29-1207(4)(a).
2. Washington was not entitled to discharge because, after excluding the time during which his discovery motion was pending, the six-month statutory speedy-trial period had not expired when he filed his motion to discharge.

Questions Presented

1. Whether the period from the filing through the final disposition of Washington's motion for discovery was excludable from the six-month statutory speedy-trial period under Neb. Rev. Stat. § 29-1207(4)(a).
2. Whether the district court erred by sustaining Washington's motion to discharge and dismissing the information.

Disposition

reversed_and_remanded