State v. Abernathy

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State v. Abernathy

Case Number
Call Date
November 3, 2021
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-0016 State of Nebraska v. Kyle S. Abernathy (Appellant)

Sarpy County District Court, Hon. Michael A. Smith

Attorneys:  April O’ Loughlin (Sarpy County Public Defender’s Office, for Appellant); Stacy M. Foust (Office of the Attorney General, for Appellee)

Criminal: Speedy trial

Proceedings Below: Appellant’s motion to discharge was overruled in its entirety.  

Issues on Appeal: Whether 1) the district court incorrectly denied the Appellant’s motion to discharge in violation of speedy trial rights under Neb. Rev. Stat. §§ 29-1207 and 29-1208; 2) the court improperly established good cause sua sponte in violation of Nebraska case law; 3) the State may retroactively reopen a closed record for the purpose of introducing untimely evidence; 4) the State met its’ burden to establish good cause pursuant to Neb. Rev. Stat. § 29-1207; 5) under Neb. Rev. Stat. § 29-1207, speedy trial has run and Appellant is entitled to absolute discharge; and 6) the Appellant’s constitutional rights were violated and Appellant is entitled to absolute discharge.

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