State v. Hernandez

Summary

The Nebraska Supreme Court held that the State failed to establish excludable time under Nebraska's statutory speedy-trial provisions. The court concluded that Hernandez's incarceration in Iowa and the issuance of an unserved bench warrant did not establish exclusion for absence or unavailability or for other proceedings. It reversed the district court's order and remanded with directions to dismiss the information.

Holdings

1. A defendant's deliberate, clear, and unequivocal factual statements in a motion for absolute discharge, and qualifying statements made by counsel during the proceedings, may operate as judicial admissions and may be used by the State to establish facts relevant to excludable speedy-trial time.
2. The Iowa incarceration periods and the unserved Nebraska bench warrant did not establish excludable time for absence or unavailability under § 29-1207(4)(d). A warrant does not automatically stop the statutory speedy-trial clock; absent proper notice of a required court appearance, the State must prove diligent efforts to serve the warrant or otherwise secure the defendant's presence.
3. Incarceration in another state, without evidence that the defendant was being held pursuant to a pending judicial proceeding, does not establish excludable time for 'other proceedings' under § 29-1207(4)(a).
4. Because the State failed to bring Hernandez to trial within the six-month statutory deadline and failed to establish any applicable excluded period, Hernandez was entitled to absolute discharge.

Questions Presented

1. Whether the State could rely on factual statements in Hernandez's motion for absolute discharge and statements by his counsel as judicial admissions to establish excludable time.
2. Whether Hernandez's Iowa incarcerations or the unserved bench warrant established an excludable period based on his absence or unavailability under Neb. Rev. Stat. § 29-1207(4)(d).
3. Whether Hernandez's Iowa incarceration established an excludable period based on other proceedings concerning him under Neb. Rev. Stat. § 29-1207(4)(a).
4. Whether the State brought Hernandez to trial within Nebraska's six-month statutory speedy trial period.

Disposition

reversed_and_remanded