State v. Schanaman
286 Neb. 125
| Neb. | 2013Background
- Schanaman charged in county court with third degree domestic assault; no counsel at arraignment on December 27, 2011.
- Schanaman pleaded no contest; court accepted plea and found him guilty.
- Two weeks later, before sentencing, Schanaman moved to withdraw plea alleging failure to receive the complaint 24 hours before pleading as required by § 29-1802.
- County court denied withdrawal; district court affirmed, holding § 29-1802 does not apply to county court complaints.
- Issue framed: whether § 29-1802 applies to county court complaints and whether denial of withdrawal was an abuse of discretion.
- This Court affirms the district court, concluding § 29-1802 has no application to county court complaints.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 29-1802 apply to county court complaints? | Schanaman argues 29-1802 applies to county court complaints. | Schanaman contends it does; State argues it does not. | No application to county court complaints. |
| Is failure to comply with § 29-1802 a fair and just reason to withdraw a plea before sentencing? | Failure to receive 24-hour copy supports withdrawal. | Even if not applicable, withdrawal lacks fair and just basis. | Not a fair and just reason; no abuse of discretion. |
| Can § 29-1802 be extended to county court proceedings via § 25-2701 or related statutes? | Statutory extension possible to county court. | Legislature did not extend § 29-1802 to complaints; extension not permitted. | Cannot extend § 29-1802 to county court complaints. |
Key Cases Cited
- State v. Mena-Rivera, 280 Neb. 948 (2010) (speedy trial and related timing considerations)
- State v. Williams, 276 Neb. 716 (2008) (speedy trial and indictment/information distinctions)
- State v. Lebeau, 280 Neb. 238 (2010) (application of district court procedures to county court)
- State v. Stevens, 189 Neb. 487 (1973) (statutory speedy trial references may encompass complaints)
- 132nd Street Ltd. v. Fellman, 245 Neb. 59 (1994) (application of district court procedures to county court actions)
- In re Interest of Krystal P. et al., 251 Neb. 320 (1996) (application of district court procedures to related county court matters)
- Buckingham v. Creighton University, 248 Neb. 821 (1995) (application of general procedures to specific contexts)
- Nelson v. State, 115 Neb. 26 (1926) (historical procedural benchmarks cited)
- State v. Boslau, 258 Neb. 39 (1999) (felony/indictment framework and related conduct)
- Werner v. County of Platte, 284 Neb. 899 (2012) (state appellate interpretations on procedural extensions)