State v. Hassan, 309 Neb. 644

Hassan was charged with drug offenses in Hall County, released, and ordered by county court to appear for a preliminary hearing on October 24, 2019.
Hassan did not appear on October 24; the county court issued a bench warrant the same day.
Law enforcement arrested Hassan on Monday, October 28, 2019.
At district court trial on the failure-to-appear charge (under Neb. Rev. Stat. § 29-908), the State introduced "Exhibit 7," county court records showing the order to appear, the missed hearing, the bench warrant, and the warrant return.
Hassan objected to Exhibit 7 as hearsay (public records exception); the district court admitted it, the jury convicted Hassan of failure to appear, and he appealed both the admissibility ruling and sufficiency of evidence regarding the 3-day surrender element.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Hassan)	Held
Admissibility of county court records (Exhibit 7)	Records properly admitted; parts qualify under public-records or non-hearsay uses	Exhibit 7 is hearsay and not admissible under the public-records exception	Court: No reversible error — part of Exhibit 7 (the court order) was a non-hearsay verbal act; admissible parts cured the objection to the whole exhibit
Whether State proved the 3-day surrender element of § 29-908	§ 29-908’s 3 days are plain calendar days; § 25-2221 (time-computation statute) does not apply; more than 3 days elapsed before arrest	§ 25-2221 applies to compute time; excluding day of event extends the 3-day window to the following Monday, so arrest on Monday was within the allowable period	Court: § 25-2221 does not apply because the surrender need not be performed "in any action or proceeding"; 3 calendar days govern; sufficient evidence supported conviction

State v. Draganescu, 276 Neb. 448, 755 N.W.2d 57 (Neb. 2008) (standard of review for hearsay rulings)
State v. Price, 306 Neb. 38, 944 N.W.2d 279 (Neb. 2020) (standard for sufficiency review in criminal cases)
State v. Poe, 292 Neb. 60, 870 N.W.2d 779 (Neb. 2015) (definition and admissibility principles for hearsay)
State v. McCave, 282 Neb. 500, 805 N.W.2d 290 (Neb. 2011) (verbal acts in court orders are not hearsay)
State v. Valdez, 236 Neb. 627, 463 N.W.2d 326 (Neb. 1990) (elements required to prove failure-to-appear under § 29-908)
State ex rel. Wieland v. Beermann, 246 Neb. 808, 523 N.W.2d 518 (Neb. 1994) (prior discussion on applying § 25-2221)
In re Guardianship of Eliza W., 304 Neb. 995, 938 N.W.2d 307 (Neb. 2020) (statutory interpretation principles; give plain meaning to statutory text)
State v. Merrill, 252 Neb. 736, 566 N.W.2d 742 (Neb. 1997) (objection to an exhibit as a whole is properly overruled if part is admissible)
U.S. v. Dupree, 706 F.3d 131 (2d Cir. 2013) (court commands as legally operative verbal conduct, not hearsay)
U.S. v. Boulware, 384 F.3d 794 (9th Cir. 2004) (prior judgments/orders offered for legal effect are not hearsay)