S-24-0721 State of Nebraska (Appellee) v. Paul Douglas Brooks (Appellant)
Appeal from the District Court for Furnas County, Judge Patrick M. Heng
Attorneys: F. Matthew Aerni (Aerni Law, LLC for Appellant) and Jacob M. Waggoner (Asst. Attorney General for Appellee)
Criminal: Motion for absolute discharge
Proceedings Below: Appellant filed a motion for absolute discharge of his criminal charges. The district court determined that time during which Appellant deposed the State’s witnesses was excludable, and it denied the motion. On its own motion, the Court ordered that this case be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant assigns the following errors: 1) The trial court clearly erred in overruling and dismissing Appellant’s motion for absolute discharge by finding Appellant requested or consented to a continuance under Neb. Rev. Stat. § 29-1207(4)(b); 2) The trial court clearly erred in overruling and dismissing Appellant’s motion for absolute discharge by finding good cause to exclude any time after May 23, 2024, from the speedy trial calculation under Neb. Rev. Stat. § 29-12074(4)(f): A) Clear error exists because the trial court’s factual findings were inaccurate; and B) Even if accurate, the factual findings do not support a findings of good cause to exclude the time.