Any person held in jail charged with an indictable offense shall be discharged if he or she is not indicted at the term of court at which he or she is held to answer, unless such person is committed to jail on such charge after the rising and final report of the grand jury for that term, in which case the court may discharge such person, or require such person to enter into recognizance with sufficient security for his or her appearance before such court to answer such charge at the next term. However, such person so held in jail without indictment shall not be discharged if it appears to the satisfaction of the court that the witnesses on the part of the state have been enticed or kept away or are detained and prevented from attending court by sickness or some inevitable accident.
Notes of Decisions
Cited in
18
cases (
2 in the last 5 years), 1986–2023 · leading case:
State v. Williams, 761 N.W.2d 514 (Neb. 2009).
State v. Williams, 761 N.W.2d 514 (Neb. 2009).
· cites it 2× “[4] See Neb. Rev. Stat. §§ 29-1201 to 29-1209 (Reissue 2008).”
State v. Lebeau, 784 N.W.2d 921 (Neb. 2010).
· cites it 2× “[3] Neb.Rev.Stat. § 29-1201 et seq. (Reissue 2008).”
State v. Dailey, 639 N.W.2d 141 (Neb. Ct. App. 2002).
· cites it 2× “The constitutional right to a speedy trial is distinct from the statutory provision for a speedy trial prescribed by the Nebraska speedy trial act, Neb. Rev. Stat. §§ 29-1201 to 29-1209 (Reissue 1995).”
State v. Tucker, 609 N.W.2d 306 (Neb. 2000).
· cites it 2× “Statutory Right to Speedy Trial (a) Applicable Statutes Before reaching the merits of Tucker’s statutory speedy trial claim, we must resolve a threshold legal issue of whether the claim is governed by the “speedy trial” provisions of Neb. Rev. Stat. §§ 29-1201 to 29-1209…”
State v. Chapman, 307 Neb. 443 (Neb. 2020).
· cites it 2× “Although Nebraska’s speedy trial statutes, Neb. Rev. Stat. § 29-1201 et seq. (Reissue 2016), expressly refer to indictments and informations, they also apply to prosecutions commenced by the filing of a complaint in county court.”
State v. Kula, 579 N.W.2d 541 (Neb. 1998).
· cites it 2× “Neb. Rev. Stat. § 29-1201 et seq. (Reissue 1995).”
Dugan v. State, 297 Neb. 444 (Neb. 2017).
· cites it 2× “17 Neb. Rev. Stat. §§ 29-1201 to 29-1209 (Reissue 2008).”
Bradley v. Hopkins, 522 N.W.2d 394 (Neb. 1994).
· cites it 2× “Therein, we affirmed the district court’s judgment of conviction against the defendant’s claim that he should have been discharged because he had not been tried within the time limit specified in the “discharge from custody or recognizance” statutes, Neb. Rev. Stat. § 29-1201 et…”
State v. Ebert, 455 N.W.2d 165 (Neb. 1990).
· cites it 3× “This court declined to apply the law and decisions under the “speedy trial” requirements of Neb. Rev. Stat. §§ 29-1201 to 29-1209 (Reissue 1989) to the circumstances presented in Soule and held that the procedure set forth in §§ 29-3801 et seq.”
State v. Space, 980 N.W.2d 1 (Neb. 2022).
· cites it 2× “The Nebraska statutory speedy trial scheme is set forth in Neb. Rev. Stat. §§ 29-1201 through 29-1209 (Reissue 2016 & Cum.”
State v. Caldwell, 639 N.W.2d 663 (Neb. Ct. App. 2002).
· cites it 3× “As such, Caldwell contends that this court should look to the speedy trial provisions set forth in Neb. Rev. Stat. §§ 29-1201 to 29-1209 (Reissue 1995) to define “good cause.”
— Neb. Rev. Stat. § 29-1201(5) — 1 case
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