State of Nebraska v. Randy L. Mortensen

Summary

The Nebraska Supreme Court held that Randy L. Mortensen waived his statutory right to a speedy trial under Neb. Rev. Stat. § 29-1207(4)(b). The court concluded that unsuccessful motions to discharge operated as requests for continuances when they postponed timely trials beyond the statutory six-month period. The court affirmed the Court of Appeals and directed the district court to set the matter for trial after jurisdiction was reacquired.

Holdings

1. A motion to discharge implicitly requests a continuance when it necessitates postponing trial so that the motion can be considered and resolved, including through appellate review and issuance of the mandate.
2. A defendant waives the statutory right to a speedy trial when an unsuccessful motion to discharge causes a timely trial to be continued beyond the statutory six-month period, discharge is denied, and the denial is affirmed on appeal.
3. Once Mortensen waived his statutory speedy-trial right, the court was not required to calculate the days remaining on the speedy-trial clock.

Questions Presented

1. Whether a defendant's unsuccessful motion to discharge on statutory speedy-trial grounds constitutes a request for a continuance under Neb. Rev. Stat. § 29-1207(4)(b) when it postpones a timely trial beyond the statutory six-month period.
2. Whether Mortensen waived his statutory speedy-trial right by filing motions to discharge that caused timely trial dates to be continued beyond the six-month period.
3. Whether the district court was required to calculate the number of speedy-trial days remaining after the waiver.

Disposition

affirmed