State v. Webb, 974 N.W.2d 317

The State filed a criminal complaint against Yohan Webb in Lancaster County on June 3, 2019. Trial was initially scheduled for the August 2020 jury term.
On August 5, 2019, Webb filed seven pretrial motions (disclosure of other-acts evidence, impeachment convictions, civilian clothing request, Jackson v. Denno hearing, remove restraints, sequestration, in limine); those motions were not ruled on and remained pending.
Webb filed a competency motion (Aug 9, 2019); the county court found him incompetent Sept 5, 2019, committed him for treatment, and later found him competent May 8, 2020. Trial dates were continued several times.
Webb was arrested Oct 10, 2020 and moved for absolute discharge Oct 24, 2020 asserting statutory and constitutional speedy trial violations.
The county court denied discharge, holding Webb’s Aug 5, 2019 pretrial motions tolled the statutory speedy-trial clock under Neb. Rev. Stat. § 29-1207(4)(a); the district court affirmed. Webb appealed to the Nebraska Supreme Court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the State proved excludable time under § 29-1207(4)	State: Aug 5, 2019 pretrial motions tolled the clock; burden met	Webb: State failed to prove any excludable periods	Court: State met its burden; Aug 5 motions stopped the clock (only 64 days elapsed)
Whether motions not specifically enumerated in § 29-1207(4)(a) are excludable	State: “including” is nonexhaustive; listed motions are examples	Webb: list is effectively exclusive; his motions not listed so not excludable	Court: “including” is illustrative; unlisted pretrial motions can toll the clock; Webb’s Aug 5 motions tolled time
Whether time attributable to competency proceedings should be excluded	State: competency proceedings are expressly included in § 29-1207(4)(a)	Webb: competency delays should not be excluded	Court: Unnecessary to resolve—clock was tolled by Aug 5 motions, so court did not address this argument further
Constitutional speedy-trial claim (lengthy competency delays)	Webb: competency delays violated his Sixth Amendment right	State: denial of pretrial constitutional discharge in special proceedings is not appealable	Court: Dismissed for lack of appellate jurisdiction as to the constitutional claim

State v. Abernathy, 310 Neb. 880, 969 N.W.2d 871 (2022) (recent Nebraska speedy-trial precedent)
State v. Billingsley, 309 Neb. 616, 961 N.W.2d 539 (2021) (statutory speedy-trial interpretation)
State v. Williams, 277 Neb. 133, 761 N.W.2d 514 (2009) (discovery motions create excludable time)
State v. Coomes, 309 Neb. 749, 962 N.W.2d 510 (2021) (period of delay defined as time between filing and final disposition)
In re Interest of Seth C., 307 Neb. 862, 951 N.W.2d 135 (2020) (interpretation of the word “including” as nonexhaustive)
Jackson v. Denno, 378 U.S. 368 (1964) (federal precedent referenced for a type of pretrial hearing)