State v. Riessland, 965 N.W.2d 13

Nicole Riessland was charged in August 2019 and a jury trial was set for July 20, 2020.
Two weeks before trial she filed a motion for discharge under Nebraska's statutory speedy‑trial provisions (§§ 29‑1207, 29‑1208).
The district court held a hearing July 13 and overruled the motion by order entered August 13, finding excludable time and that the last timely trial date (as of the motion filing) was August 10.
The court reset trial for September 21, 2020; Riessland did not appeal the denial of her first motion for discharge.
Riessland filed a second motion for discharge on September 18, 2020; the State argued she had permanently waived speedy‑trial rights by virtue of her first, unsuccessful motion.
The district court agreed and denied the second motion; Riessland appealed to the Nebraska Supreme Court, which granted bypass.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an unsuccessful motion for discharge waives a defendant's statutory speedy‑trial rights when the defendant does not appeal	State: An unsuccessful motion that delays trial past six months (as calculated on motion filing date) effects a permanent waiver under § 29‑1207(4)(b), regardless of appeal	Riessland: Waiver applies only if the denial is appealed and affirmed; no appeal here so no waiver	The court held waiver occurs when an unsuccessful motion causes the scheduled trial (set within six months) to be continued past the six‑month date as calculated on the filing date, regardless of whether the defendant appeals; affirmed.

State v. Mortensen, 287 Neb. 158 (2014) (motion to discharge can implicitly request continuance; request that moves trial past six months constitutes permanent waiver)
State v. Beitel, 296 Neb. 781 (2017) (trial court's speedy‑trial dismissal decisions are factual and reviewed for clear error)
State v. Chapman, 307 Neb. 443 (2020) (denial of a nonfrivolous motion for absolute discharge is final and appealable)
State v. Williams, 277 Neb. 133 (2009) (trial courts must state the number of days remaining for timely trial to aid appellate review)
State v. Lintz, 298 Neb. 103 (2017) (Williams findings facilitate appellate review)
State v. Rodriguez‑Torres, 275 Neb. 363 (2008) (procedures not authorized by statute are unavailable in criminal proceedings)