S-12-0454, State v. Randy L. Mortensen (Appellant)
Butler County, Judge Mary C. Gilbride
Attorneys: Stacy M. Foust (Attorney General’s Office) --- Robert J. Bierbower (for Appellant)
Criminal: Motion for Discharge
Proceedings below: The trial court denied Appellant’s motion for discharge finding no violation of Appellant’s right to speedy trial. The Court of Appeals affirmed in a memorandum opinion. See State v. Mortensen, A-12-0454, April 23, 2013. The STate filed a Petition for Further Review which was granted by the Nebraska Supreme Court.
Issues on Review: The Court of Appeals erred in finding there only remained 28 days on the speedy trial clock for the State to bring Mortensen to trial.