S-22-0097 State of Nebraska (Appellee) v. Justin N. Rashad (Appellant)
Petition for Further Review from the Nebraska Court of Appeals on appeal thereto from the District Court for Douglas County, Judge Marlon A. Polk
Attorneys: Cindy A. Tate (Assistant Douglas County Public Defender for Appellant) and Erin E. Tangeman (Asst. Attorney General for Appellee).
Criminal: Speedy Trial
Proceedings below: The district court overruled Appellant’s Motion to Discharge, which the Court of Appeals affirmed in State v. Rashad, 31 Neb.App. 779, 989 N.W.2d 741 (2023). Appellant filed a Petition for Further Review, which the Supreme Court granted and transferred this case to its docket.
Issues: On Petition for Further Review, Appellant makes the following assignment of error: 1) The Court of Appeals was clearly erroneous in affirming the district court’s denial of Appellant’s motion for absolute discharge under Neb. Rev. Stat. §§ 29-1207 and 29-1208, where the State failed to meet its burden of proof to show by a preponderance of the evidence that good cause existed sufficient to toll Appellant’s speedy trial rights.