Neb. Rev. Stat. » Chapter 29
Nebraska Revised Statutes

Neb. Rev. Stat. § 29-1208 (2026)

Discharge from offense charged; when

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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If a defendant is not brought to trial before the running of the time for trial as provided for in section 29-1207, as extended by excluded periods, he or she shall be entitled to his or her absolute discharge from the offense charged and for any other offense required by law to be joined with that offense.

Notes of Decisions
Cited in 119 cases (35 in the last 5 years), 1972–2026 · leading case: State v. Williams, 761 N.W.2d 514 (Neb. 2009).
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State v. Williams, 761 N.W.2d 514 (Neb. 2009). · cites it 5× “See Neb. Rev. Stat. § 29-1208 (Reissue 2008).”
State v. Lovvorn, 932 N.W.2d 64 (Neb. 2019). · cites it 2× “The statutory right to a speedy trial is set forth in § 29-1207 and Neb. Rev. Stat. § 29-1208 (Reissue 2016).”
State v. Brown, 964 N.W.2d 682 (Neb. 2021). · cites it 4× “He stated that the time was extended 21 days for the - 229 - Nebraska Supreme Court Advance Sheets 310 Nebraska Reports STATE v.”
State v. Jacques, 570 N.W.2d 331 (Neb. 1997). · cites it 6× “” On June 9,1995, Jacques’ counsel filed a motion to discharge for lack of a speedy trial pursuant to Neb. Rev. Stat. § 29-1208 (Reissue 1995).”
State v. Loyd, 696 N.W.2d 860 (Neb. 2005). · cites it 3× “, citing Neb. Rev. Stat. § 29-1208 (Reissue 1995).”
State v. Alvarez, 202 N.W.2d 604 (Neb. 1972). · cites it 9× “Section 29-1208, R.S. Supp., 1971, provides that: "If a defendant is not brought to trial before the running of the time for trial, as extended by excluded periods, he shall be entitled to his absolute discharge from the offense charged.”
State v. Gibbs, 570 N.W.2d 326 (Neb. 1997). · cites it 5× “§ 29-1207 (Reissue 1995) were violated, the defendant-appellant, John Gibbs, also known as John Miller, urges that the district court erred in overruling his motion for an absolute discharge pursuant to the provisions of Neb. Rev. Stat. § 29-1208 (Reissue 1995).”
State v. Baird, 609 N.W.2d 349 (Neb. 2000). · cites it 5× “*250 Section 29-1208 states: If a defendant is not brought to trial before the running of the time for trial, as extended by excluded periods, he shall be entitled to his absolute discharge from the offense charged and for any other offense required by law to be joined with that…”
State v. Beck, 325 N.W.2d 148 (Neb. 1982). · cites it 8× “On September 14, 1981, the appellant, through new counsel, moved to dismiss for failure to comply with Neb.Rev.Stat. § 29-1208 (Reissue 1979). Ruling was deferred until after trial.”
State v. Chase, 964 N.W.2d 254 (Neb. 2021). · cites it 4× “§ 29-1208 (Reissue 2016), a defendant waives the statutory right to a trial within 6 months and no evidentiary showing of good cause is necessary at all.”
State v. Brooks, 828 N.W.2d 496 (Neb. 2013). · cites it 3× “Statutory Right to Speedy Trial The statutory right to a speedy trial is set forth in § 29-1207 and Neb. Rev. Stat. § 29-1208 (Cum. Supp. 2012).”
State v. Kinstler, 299 N.W.2d 182 (Neb. 1980). · cites it 5× “There are no specific findings made in this case which would satisfy the requirements of § 29-1207(4)(f) and, therefore, the provisions of Neb.Rev.Stat. § 29-1208 (Reissue 1979) must be followed.”
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