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State v. Lintz
298 Neb. 103
| Neb. | 2017
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Background

  • Tyler A. Lintz was arrested Feb 5, 2016 and charged by complaint on Feb 8, 2016 with third-degree domestic assault (Class I misdemeanor). He requested a jury trial.
  • County court set jury selection to begin July 26, 2016 and trial for August 9, 2016. Lintz failed to appear for jury selection; court issued a bench warrant and the State added a misdemeanor failure-to-appear charge.
  • Lintz surrendered July 28, 2016, waived his jury trial that same day, and the county court scheduled a bench trial for Sept 22, 2016.
  • On Aug 11, 2016 Lintz filed a motion for absolute discharge claiming statutory speedy-trial violation (6-month rule). The county court denied the motion, excluding the period from Lintz’s failure to appear until his reappearance under Neb. Rev. Stat. § 29-1207(4)(d).
  • The district court affirmed the county court. Lintz appealed to the Nebraska Supreme Court, which reversed and remanded for the county court to provide the specific excludable-period computations required by State v. Williams.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the county court erred by denying motion for absolute discharge for statutory speedy-trial violation (6-month clock) Lintz argued the 6-month speedy-trial period expired before trial because the court set trial beyond six months and the court could not rely on his failure to appear to extend the clock without a specific computation State argued Lintz’s failure to appear made the time between his absence and the next reasonably available trial date excludable under § 29-1207(4)(d), and the rescheduled trial was within the next reasonably available date Court reversed and remanded: trial court’s order lacked the Williams-required specific findings and day-by-day computation of excludable periods; order must be amended to include those calculations for meaningful appellate review

Key Cases Cited

  • State v. Williams, 277 Neb. 133 (requires trial courts to make specific findings and day-count computations for excludable periods when ruling on motions for absolute discharge)
  • State v. Hettle, 288 Neb. 288 (trial court’s dismissal-on-speedy-trial grounds reviewed for clear error)
  • State v. McColery, 297 Neb. 53 (finality and appellate jurisdiction principles)
  • State v. Gibbs, 253 Neb. 241 (ruling on motion for absolute discharge based on nonfrivolous speedy-trial claim is final and appealable)
  • Rutherford v. Rutherford, 277 Neb. 301 (remand for missing required court calculations/worksheet)
Read the full case

Case Details

Case Name: State v. Lintz
Court Name: Nebraska Supreme Court
Date Published: Oct 27, 2017
Citation: 298 Neb. 103
Docket Number: S-16-1158
Court Abbreviation: Neb.