State v. Brooks
285 Neb. 640
| Neb. | 2013Background
- Brooks was charged in two Douglas County cases: CR-11-2017 for first degree murder and related counts, and CR-11-2018 for meth distribution and related weapons offenses.
- Cases were not consolidated but scheduled for trial on March 5, 2012; trial was later moved to July 9, 2012.
- Brooks changed counsel Feb. 2012; new counsel moved to continue trial in CR-11-2018; no written motion in CR-11-2017.
- At a Feb. 22, 2012 hearing, Brooks’ counsel indicated readiness issues due to discovery; court granted continuance in both cases and set trial for July 9, 2012.
- Brooks moved for discharge on June 21, 2012, arguing statutory and constitutional speedy-trial violations; district court overruled.
- Appeal followed; court affirmed the district court’s denial of discharge, holding no speedy-trial violation occurred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statutory speedy-trial deadline met or tolled | Brooks argued 6-month clock expired without trial. | State contends continuances tolled the clock; immediate post-continuance delay not violation. | No statutory violation; clock tolled by Brooks’ continuance actions. |
| Effect of continuance granted on Feb. 22, 2012 | Discharge warranted due to failure to file written motion in CR-11-2017. | Record showed continuance requested and granted in both cases; written motion not required. | Continued continuances valid; not a basis for discharge. |
| Written-motion requirement under § 25-1148 | Failure to file written motion in CR-11-2017 violates statute. | Continuance evidenced in record; written form not essential for validity. | Not fatal; oral record sufficed to support continuance. |
| Constitutional speedy-trial right violated? (4-factor test) | Delay prejudicial; six-month window exceeded. | Delays attributable to defense motions and discovery; no prejudice. | No constitutional violation; four-factor balance does not show denial. |
Key Cases Cited
- State v. Tamayo, 280 Neb. 836 (Neb. 2010) (speedy-trial analysis reaffirmed as factual review)
- State v. Knudtson, 262 Neb. 917 (Neb. 2001) (absolute discharge if 6-month deadline not met)
- State v. Lee, 282 Neb. 652 (Neb. 2011) (deadline calculation method for speedy-trial period)
- State v. Feldhacker, 267 Neb. 145 (Neb. 2004) (separates statutory and constitutional speedy-trial rights)
- State v. Turner, 252 Neb. 620 (Neb. 1997) (continuances and §29-1206 guidance on procedure)
- State v. McLeod, 274 Neb. 566 (Neb. 2007) (four-factor constitutional speedy-trial balance framework)
- State v. Jameson, 224 Neb. 38 (Neb. 1986) (acknowledges defense-driven continuances do not guarantee speedy-trial immunity)