State v. Kitka

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State v. Kitka

Case Number
Call Date
May 26, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-0701 State of Nebraska (Appellee) v. Joshua A. Kitka (Appellant)

Appeal from the District Court for Sarpy County, Judge George A. Thompson

Attorneys: Jordan Osborne (Asst. Attorney General for Appellee) --- April O’Loughlin (Asst. Sarpy County Public Defender for Appellant)

Criminal: Speedy trial; Motion for Discharge; First Degree Sexual Assault; Assault by Strangulation; Second Degree Assault; Third Degree Assault.

Proceedings below: Appellant filed a Motion for Discharge, which was overruled.  On its own motion, the Nebraska Supreme Court ordered that this case be removed from the docket of the Nebraska Court of Appeals and transferred this case to its docket.

Issues: On appeal, Appellant asserts that:  1) he is entitled to an absolute discharge where the district court incorrectly denied his motion to discharge in violation of his speedy trial rights under Neb. Rev. Stat. §§29-1207 and 29-1208, and 2) his constitutional rights to speedy trial were violated and he is entitled to an absolute discharge.

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