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State v. Lintz

Supreme Court of Nebraska

October 27, 2017

State of Nebraska, appellee,
v.
Tyler A. Lintz, appellant.

         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. Jurisdiction: Appeal and Error. Before reaching the legal issues presented for review, it is the duty of an appellate court to determine whether it has jurisdiction over the matter before it, irrespective of whether the issue is raised by the parties.

         3. Jurisdiction: Final Orders: Appeal and Error. For an appellate court to acquire jurisdiction of an appeal, there must be a final order entered by the court from which the appeal is taken.

         4. Final Orders: Appeal and Error. Under Neb. Rev. Stat. § 25-1902 (Reissue 2016), an order is final for purposes of appeal if it affects a substantial right and (1) determines the action and prevents a judgment, (2) is made during a special proceeding, or (3) is made on summary application in an action after judgment is rendered.

         5. Speedy Trial. Addressing a claimed denial of statutory speedy trial rights in a motion for discharge involves a relatively simple mathematical computation of whether the 6-month speedy trial clock, as extended by statutorily excludable periods, has expired prior to the commencement of trial.

         6. __ . When ruling on a motion for absolute discharge pursuant to Neb. Rev. Stat. § 29-1208 (Reissue 2016), the trial court shall make specific findings of each period of delay excludable under Neb. Rev. Stat. § 29-1207(4)(a) to (e) (Reissue 2016), in addition to the findings under § 29-1207(4)(f). Such findings shall include the date and nature of the proceedings, circumstances, or rulings which initiated and concluded each excludable period; the number of days composing [298 Neb. 104] each excludable period; and the number of days remaining in which the defendant may be brought to trial after taking into consideration all excludable periods.

         Appeal from the District Court for Scotts Bluff County. Randall L. Lippstreu, Judge, on appeal thereto from the County Court for Scotts Bluff County, James M. Worden, Judge. Judgment of District Court reversed, and cause remanded with directions.

          Darin J. Knepper, Scotts Bluff County Deputy Public Defender, for appellant.

         Douglas J. Peterson, Attorney General, and Joe Meyer for appellee.

          Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy, Kelch, and Funke, JJ.

          Kelch, J.

         INTRODUCTION

         Tyler A. Lintz appeals the order of the district court for Scotts Bluff County that affirmed the county court's order denying his motion for absolute discharge. Lintz claims a violation of his statutory right to speedy trial. We reverse the district court's order and remand the cause to that court with directions to remand the matter to the county court with directions to enter an order that ...


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