State v. Moody

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State v. Moody

Case Number
Call Date
January 4, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-0303, State v. David J. Moody [Appellant]

District Court for Douglas County, Honorable Thomas A. Otepka

Attorneys: Stacy M. Foust (Attorney General’s Office) --- Thomas C. Riley & Jessica C. West (Public Defender’s Office) (Appellant)

Criminal: Speedy trial

Proceedings below: The district court denied Appellant’s motion for discharge on statutory and constitutional speedy trial grounds.  The Appellee filed a petition to bypass the Court of Appeals, which was sustained by the Nebraska Supreme Court.

Issues: Whether the district court erred in 1) denying Appellant's motion for absolute discharge under Neb. Rev. Stat. § 29-1207, where the State failed to meet its burden of proof to show by a substantial preponderance of the evidence that good cause existed sufficient to toll Appellant's speedy trial rights, 2) not making a specific finding, supported by substantial preponderance of the evidence, as to the cause or causes of extension of Appellant's trial date beyond six months or calculating what the excludable time period was, and 3) denying Appellant's motion for absolute discharge because the State violated Appellant's constitutional right to a speedy trial by not bringing Appellant to trial more than 320 days after filing the information against him, a substantial delay that prejudiced Appellant.

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