State v. Blocher, 307 Neb. 874

Feb 7, 2019: Lancaster County filed an information charging Samantha Blocher with possession of methamphetamine. Pretrial motions were filed Feb 11 and resolved Feb 19.
Blocher was ordered to appear for a pretrial jury docket call on April 17, 2019; she was arrested in Douglas County for shoplifting on April 16 and did not appear.
Lancaster County issued a bench warrant April 19; Blocher was arrested on that warrant at the Douglas County Department of Corrections on April 21 but remained in Douglas County for prosecution and to serve a sentence there.
Upon completion of her Douglas County sentence, Lancaster deputies took custody July 11 and transported her to Lancaster County; the Lancaster court waived bond forfeiture and set further proceedings, including a jury term beginning Sept 9.
Blocher moved for absolute discharge (Aug 16) arguing her speedy-trial clock had run; the Lancaster district court denied the motion, attributing the Douglas County incarceration time to Blocher and excluding it from the speedy-trial computation. Blocher appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether time Blocher was in custody in another county is "absence or unavailability" attributable to her under § 29-1207(4)(d), and whether Lancaster County acted with sufficient diligence to secure her presence	Blocher: Her Douglas County incarceration meant she was not "absent"; even if absent, Lancaster County knew she was in Douglas County and failed to secure her return, so that time should not be charged to her	State/Lancaster: Blocher failed to appear as ordered, a warrant issued and was executed; Lancaster acted diligently (warrant, arrest, immediate custody on release); time also plausibly excluded under § 29-1207(4)(a) for other proceedings	Court affirmed: Blocher was absent/unavailable; Lancaster acted with sufficient diligence; the Douglas County custody time was properly excluded and the Sept 9 trial date (within 6 months of reappearance) was reasonable

State v. Lovvorn, 303 Neb. 844 (2019) (statutory speedy-trial framework and review principles)
State v. Petty, 269 Neb. 205 (2005) (failure to appear makes defendant "absent or unavailable" under speedy-trial statute)
State v. McKenna, 228 Neb. 29 (1988) (same principle regarding absence and attribution)
State v. Tucker, 259 Neb. 225 (2000) (county efforts to secure a defendant can affect availability for other charges)
State v. Steele, 261 Neb. 541 (2001) (distinguishable facts discussed regarding interjurisdictional custody and detainers)