S-21-0016 State of Nebraska v. Kyle S. Abernathy (Appellant)
Sarpy County District Court, Hon. Michael A. Smith
Attorneys: April O’ Loughlin (Sarpy County Public Defender’s Office, for Appellant); Stacy M. Foust (Office of the Attorney General, for Appellee)
Criminal: Speedy trial
Proceedings Below: Appellant’s motion to discharge was overruled in its entirety.
Issues on Appeal: Whether 1) the district court incorrectly denied the Appellant’s motion to discharge in violation of speedy trial rights under Neb. Rev. Stat. §§ 29-1207 and 29-1208; 2) the court improperly established good cause sua sponte in violation of Nebraska case law; 3) the State may retroactively reopen a closed record for the purpose of introducing untimely evidence; 4) the State met its’ burden to establish good cause pursuant to Neb. Rev. Stat. § 29-1207; 5) under Neb. Rev. Stat. § 29-1207, speedy trial has run and Appellant is entitled to absolute discharge; and 6) the Appellant’s constitutional rights were violated and Appellant is entitled to absolute discharge.