State v. Moore

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State v. Moore

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

S-21-755 State of Nebraska (Appellee) v. Gregory Moore (Appellant)

Appeal from the District Court for Scottsbluff County, Judge Andrea D. Miller

Attorneys:  Kelly S. Breen (Commission on Public Advocacy for Appellant) and Jordan S. Osborne (Asst. Attorney General for Appellee)

Criminal:  Second Degree Murder, Use of a Weapon to Commit a Felony, and Motion for Discharge  

Proceedings below:  Appellant was charged with Second Degree Murder and Use of a Weapon to Commit a Felony on December 16, 2020.  On July 6, 2021, Appellant filed a Motion for Discharge, which the district court overruled.  Appellee petitioned the Nebraska Supreme Court to Bypass the Nebraska Court of Appeals, which was granted.

Issues:  On appeal, Appellant alleges that the district court erred in:  1) holding that the time delay herein was caused by Appellant—Appellant’s filing of a Motion to Continue the arraignment set for December 18, 2020 and subsequently filing a written waiver of appearance and not guilty plea on December 23, 2020; and 2)  holding that the time delay herein was the result of other proceedings and unavailability of Appellant—Appellant caused by competency proceedings instituted in another docketed case [CR20-249].

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