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State of Nebraska v. Corey A.

April 5, 2013

STATE OF NEBRASKA, APPELLEE,
v.
COREY A. BROOKS, APPELLANT.



Appeal from the District Court for Douglas County: Joseph s. troia, Judge.

The opinion of the court was delivered by: wright, J.

Nebraska advaNce sheets 640 285 NEBRASKA REPORTS

Cite as

___ N.W.2d ___

1. Judgments: Speedy Trial: Appeal and Error. As a general rule, a trial court's determination as to whether charges should be dismissed on speedy trial grounds is a factual question which will be affirmed on appeal unless clearly erroneous.

2. Constitutional Law: Speedy Trial: Statutes. The constitutional right to a speedy trial is guaranteed by U.S. Const. amend. VI and Neb. Const. art. I, § 11; the constitutional right to a speedy trial and the statutory implementation of that right exist independently of each other.

3. Speedy Trial. If a defendant is not brought to trial before the running of the time for trial, as extended by excluded periods, he shall be entitled to his absolute discharge from the offense charged.

4. ____. To calculate the deadline for trial under the speedy trial statutes, a court must exclude the day the State filed the information, count forward 6 months, back up 1 day, and then add any time excluded under Neb. Rev. Stat. § 29-1207(4) (Cum. Supp. 2012).

5. Constitutional Law: Speedy Trial. Determining whether a defendant's constitutional right to a speedy trial has been violated requires a balancing test in which the courts must approach each case on an ad hoc basis. This balancing test involves four factors: (1) length of delay, (2) the reason for the delay, (3) the defendant's assertion of the right, and (4) prejudice to the defendant.

Affirmed.

heavicaN, c.J., wright, coNNolly, stephaN, MccorMack,

Miller-lerMaN, and cassel, JJ.

NATURE OF CASE

In October 2011, Corey A. Brooks was charged in Douglas County District Court with, among other crimes, first degree murder and possession with intent to deliver a controlled substance. The murder charge was docketed in case No. CR-11-2017. The drug charge was docketed in case No. CR-11-2018. The ...


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