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

Neb. Rev. Stat. § 29-1208 (2026)

Discharge from offense charged; when

✓ current as of July 2026
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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, 303 Neb. 844 (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, 310 Neb. 224 (Neb. 2021). · cites it 4× “Brown asserted violations of his statutory right to trial within 6 months under § 29-1207 and Neb. Rev. Stat. § 29-1208 (Reissue 2016) and of his constitutional right to a speedy trial under the federal and Nebraska Constitutions.”
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, 310 Neb. 160 (Neb. 2021). · cites it 4× “Without a motion for absolute discharge under Neb. Rev. Stat. § 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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