State v. Liming
306 Neb. 475
| Neb. | 2020Background
- On Oct. 16, 2018 the State filed a five-count information against James E. Liming (assault, firearm and related counts). Trial was later set for Sept. 24, 2019.
- Liming filed a plea in abatement on Oct. 18, 2018; the court ruled on Jan. 22, 2019, dismissing one count without prejudice and scheduling subsequent proceedings; an amended information was filed Jan. 30, 2019.
- Arraignment (rescheduled several times) occurred on Mar. 19, 2019; a pretrial hearing was held May 14, 2019.
- The court ordered a settlement conference for June 18, 2019, with the parties to appear afterward for plea or trial scheduling; the State moved on May 23 to continue that conference to July 9, and Liming’s counsel consented.
- Liming filed a motion for absolute discharge on Sept. 23, 2019, claiming the State violated the six-month speedy-trial statute; the district court overruled the motion after excluding time for the plea in abatement, various continuances, and the settlement-conference continuance; Liming appealed.
Issues
| Issue | State's Argument | Liming's Argument | Held |
|---|---|---|---|
| Whether the delay from a continued settlement conference (requested by the State but consented to by defense counsel) is excluded from the 6‑month speedy‑trial computation under § 29‑1207(4)(b) | The continuance was agreed to by defense counsel, so the resulting delay is excluded under § 29‑1207(4)(b) | A settlement conference is not a statutorily recognized "proceeding" in criminal cases, so its continuance should not trigger exclusion under § 29‑1207(4)(b) | The continuance produced an excludable period under § 29‑1207(4)(b); the additional excluded days meant the State met the extended deadline, so no speedy‑trial violation was found |
Key Cases Cited
- State v. Lovvorn, 303 Neb. 844, 932 N.W.2d 64 (Neb. 2019) (§ 29‑1207(4)(b) excludes any period of delay resulting from a continuance granted at the defendant’s or counsel’s request or consent)
- State v. Vela‑Montes, 287 Neb. 679, 844 N.W.2d 286 (Neb. 2014) (describing the statutory right to a speedy trial under §§ 29‑1207 and 29‑1208)
- State v. Murphy, 255 Neb. 797, 587 N.W.2d 384 (Neb. 1998) (defining "proceeding" for purposes of § 29‑1207(4)(a))