Dugan v. State, 297 Neb. 444

Background

Michael M. Dugan was arrested in Wyoming and extradited to Nebraska; he was later charged with theft by unlawful taking in Cheyenne County.
Dugan moved to reduce excessive bail (appeal later dismissed for lack of jurisdiction) and filed a motion for absolute discharge alleging defective arrest warrant and improper extradition.
While his interlocutory appeals and a federal habeas petition were pending, the trial proceeded; Dugan was convicted and sentenced as a habitual criminal.
Dugan voluntarily dismissed his interlocutory appeal of the denial of absolute discharge; his direct appeal of conviction failed.
Dugan then sought state habeas relief arguing his conviction was void because the trial court lacked jurisdiction while his interlocutory appeals were pending; the district court dismissed the habeas petition and the Nebraska Supreme Court affirmed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court lost jurisdiction while interlocutory appeals were pending	Dugan: appeals from denial of absolute discharge and denial of bail divested trial court of jurisdiction, rendering conviction void	State: interlocutory appeals were not from final orders so appellate courts never acquired jurisdiction; trial court retained jurisdiction	Denied — appeals were not perfected because orders were not final; trial court retained jurisdiction; conviction not void
Whether denial of motion for absolute discharge was a final, appealable order	Dugan: motion labeled "absolute discharge" raised substantial rights (unlawful arrest/extradition) and was appealable	State: motion substance concerned arrest/extradition (collateral issues), not a statutory speedy-trial absolute discharge; not final	Denied — denial was not a final order; it did not affect a substantial right that would be irreparably lost
Whether unlawful arrest/extradition prevents trial jurisdiction	Dugan: unlawful arrest/extradition tainted jurisdiction and barred trial	State: method of arrest/extradition does not impair court's power to try accused; remedies are collateral	Held for State — illegality of arrest/extradition provides collateral remedies (suppression, civil suit), not jurisdictional defect
Whether denial of bail reduction was appealable and divested court of jurisdiction	Dugan: denial of bail reduction was immediately appealable and divested trial court	State: denial was interlocutory and not final; Court of Appeals correctly dismissed for lack of jurisdiction	Denied — Court of Appeals lacked jurisdiction over bail appeal; trial court not divested

Key Cases Cited

State v. Kula, 254 Neb. 962 (Neb. 1998) (discussing finality of pretrial orders for appeal)
State v. Williams, 277 Neb. 133 (Neb. 2009) (ruling that statutory speedy-trial discharge motions are final and appealable)
State v. Loyd, 269 Neb. 762 (Neb. 2005) (denial of motion styled as discharge based on statute-of-limitations held nonfinal)
State v. Masat, 239 Neb. 849 (Neb. 1992) (unlawful arrest does not impair court's power to try accused; remedies are collateral)
Bradley v. Hopkins, 246 Neb. 646 (Neb. 1994) (habeas corpus proper to attack void judgment)