29-3805 Untried charges; trial; when. - Nebraska Statutes

29-3805. Untried charges; trial; when.Within one hundred eighty days after the prosecutor receives a certificate from the director pursuant to section 29-3803 or 29-3804 or within such additional time as the court for good cause shown in open court may grant, the untried indictment, information, or complaint shall be brought to trial with the prisoner or his or her counsel being present. The parties may stipulate for a continuance or a continuance may be granted on a notice to the attorney of record and an opportunity for him or her to be heard. If the indictment, information, or complaint is not brought to trial within the time period stated in this section, including applicable continuances, no court of this state shall any longer have jurisdiction thereof nor shall the untried indictment, information, or complaint be of any further force or effect and it shall be dismissed with prejudice. SourceLaws 1984, LB 591, § 5. AnnotationsThe statutory right of a person in the custody of the Nebraska Department of Correctional Services to a speedy trial on pending criminal charges in Nebraska is governed by sections 29-3801 to 29-3809. The denial of a speedy trial claim governed by these sections is a final, appealable order. State v. Tucker, 259 Neb. 225, 609 N.W.2d 306 (2000).Good cause existed to continue a trial that charged a prisoner, who was incarcerated on an unrelated offense, with making terroristic threats against a juvenile court judge, beyond the 180‑day time limit in this section setting forth requirements for when the untried charges were to be brought to trial. The day after the pretrial conference setting the trial date, the juvenile court judge informed the State he would be unavailable for trial on that date, and the State came forward as soon as possible after the trial was scheduled to inform the court and opposing counsel about the conflict. State v. Caldwell, 10 Neb. App. 803, 639 N.W.2d 663 (2002). "Good cause" in intrastate or interstate detainer statutes means a substantial reason; one that affords legal excuse. State v. Caldwell, 10 Neb. App. 803, 639 N.W.2d 663 (2002).Good cause in statutory provisions setting forth requirements for disposition of untried cases is something that must be substantial, but also a factual question dealt with on a case‑by‑case basis. State v. Caldwell, 10 Neb. App. 803, 639 N.W.2d 663 (2002).Good cause under statutory provisions setting forth requirements for disposition of untried cases encompasses a situation where a witness is unavailable. State v. Caldwell, 10 Neb. App. 803, 639 N.W.2d 663 (2002).Whether good cause exists for extending the time limit in this section, setting forth when untried charges are brought to trial, is a subjective, factual question within the discretion of the trial court. State v. Caldwell, 10 Neb. App. 803, 639 N.W.2d 663 (2002).