State v. Billingsley

Summary

The Nebraska Supreme Court affirmed the denial of William Billingsley III’s motion for absolute discharge based on the statutory speedy-trial requirement. The court held that an additional 46-day period resulting from the State’s continuance request was excludable because of unavailable material medical witnesses and exceptional circumstances related to the prosecutor’s COVID-19 diagnosis. The court concluded that Billingsley filed his discharge motion before the State’s adjusted speedy-trial deadline.

Holdings

1. For purposes of Nebraska's statutory speedy-trial calculation, the court must exclude the day the complaint or information was filed, count forward six months, back up one day, and then add properly excludable periods under Neb. Rev. Stat. § 29-1207(4).
2. The State bears the burden of proving by a preponderance of the evidence that one or more periods are excludable under Neb. Rev. Stat. § 29-1207(4).
3. The 46-day period from June 26 to August 11, 2020, was excludable under Neb. Rev. Stat. § 29-1207(4)(c) because the continuance was requested by the State, material medical witnesses were unavailable despite prosecutorial due diligence, and exceptional circumstances—including the prosecutor's COVID-19 diagnosis—justified additional preparation time.

Questions Presented

1. Whether the district court erred in denying Billingsley's motion for absolute discharge on statutory speedy-trial grounds.
2. Whether the period from June 26 to August 11, 2020, resulting from the State's continuance request, was excludable under Neb. Rev. Stat. § 29-1207(4)(c).

Disposition

affirmed