State v. Webb

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State v. Webb

Case Number
Call Date
March 2, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-0356 State (Appellee) v. Webb (Appellant)

Appeal from the District Court of Lancaster County, Judge Robert R. Otte

Attorneys: Joshua D. Barber (Barber & Barber, P.C., L.L.O.) for Appellant and Stacy M. Foust (Attorney General’s Office) for Appellee

Criminal: Speedy Trial

Proceedings Below: The district court affirmed the order of the county court which overruled Appellant’s motion for absolute discharge on statutory and constitutional speedy trial grounds.

Issues: Appellant assigns seven errors to the district court’s affirmance of the county court’s overruling of his motion for absolute discharge. He challenges the district court’s findings that:  1) he was not entitled to absolute discharge because his right to a speedy trial was violated; 2) the county court correctly determined that the State met its burden of proof that certain time periods were excluded under Neb. Rev. Stat. 29-1207(4); 3) the county court correctly determined that certain periods of time were excludable under Neb. Rev. Stat. § 29-1207(4), 4) the county court correctly excluded the time period between February 5, 2020, and May 8, 2020; 5) the county court correctly following the procedure outlined in Neb. Rev. Stat. §29-1823(3); 6) the county court did not deny him of his Constitutional speedy trial right, and 7) the county court correctly excluded the time period between August 9, 2019, and May 8, 2020, because that time was the result of ineffective assistance of counsel. 

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