A-21-278 and A-21-322, State v. LeFever (Appellant)
A-21-278: Dawson County, District Court, Judge James E. Doyle IV
A-21-322: Lincoln County, District Court, Judge Michael E. Piccolo
Attorney for Appellant (A-21-278): Derek L. Mitchell
Attorney for Appellant (A-21-322): Chawnta Durham (Lincoln County Public Defender)
Attorneys for Appellee: Kimberly A. Klein (Office of the Attorney General)
Criminal Action: Speedy Trial
Action Taken by Trial Courts:
At issue in both cases is the State’s filing of Form VII, “Prosecutor’s Acceptance of Temporary Custody Offered in Connection with Prisoner’s Request for Disposition of a Detainer” and its impact on the speedy trial calculation. In each case, LeFever filed a motion for absolute discharge. He claims the filing of Form VII triggered the 180-day period for the State to bring an instate prisoner to trial pursuant to Neb. Rev. Stat. § 29-3801 et seq. (Reissue 2016) and that time limit had been exceeded without good cause. LeFever’s motions in both courts were denied.
Assignments of Error on Appeal:
In A-21-278, LeFever assigns that the Dawson County District Court erred in finding that his right to a speedy trial had not been violated pursuant to § 29-3801 et seq., Neb. Rev. Stat. § 29-1207 (Reissue 2016), the Nebraska Constitution, and the U.S. Constitution.
In A-21-322, LeFever assigns that the Lincoln County District Court erred in (1) adopting the decision of the Dawson County District Court; (2) failing to give Form VII the proper legal effect; (3) not finding that the State bore the risk of its mistaken filing of Form VII; (4) receiving and giving weight to an affidavit offered by the State concerning his inmate file; (5) determining that neither he nor the State triggered the 180-day period set forth in § 29-3805; and (6) failing to grant his motion and dismiss the information or, in the alternative, failing to hold a full evidentiary hearing on the matter.