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
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.
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.
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.
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.
__ . 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
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.
J. Knepper, Scotts Bluff County Deputy Public Defender, for
J. Peterson, Attorney General, and Joe Meyer for appellee.
Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy, Kelch,
and Funke, JJ.
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 ...