S-21-755 State of Nebraska (Appellee) v. Gregory Moore (Appellant)
Appeal from the District Court for Scottsbluff County, Judge Andrea D. Miller
Attorneys: Kelly S. Breen (Commission on Public Advocacy for Appellant) and Jordan S. Osborne (Asst. Attorney General for Appellee)
Criminal: Second Degree Murder, Use of a Weapon to Commit a Felony, and Motion for Discharge
Proceedings below: Appellant was charged with Second Degree Murder and Use of a Weapon to Commit a Felony on December 16, 2020. On July 6, 2021, Appellant filed a Motion for Discharge, which the district court overruled. Appellee petitioned the Nebraska Supreme Court to Bypass the Nebraska Court of Appeals, which was granted.
Issues: On appeal, Appellant alleges that the district court erred in: 1) holding that the time delay herein was caused by Appellant—Appellant’s filing of a Motion to Continue the arraignment set for December 18, 2020 and subsequently filing a written waiver of appearance and not guilty plea on December 23, 2020; and 2) holding that the time delay herein was the result of other proceedings and unavailability of Appellant—Appellant caused by competency proceedings instituted in another docketed case [CR20-249].