State v. County of Lancaster

Neb. Rev. Stat. § 29-1823(1) (Cum. Supp. 2004) authorizes a district court in a criminal proceeding, when it appears the defendant may be mentally incompetent to stand trial, to order a mental examination of the accused at county expense. The question presented in this appeal is whether, if the examination is performed by a state hospital, the cost of the examination can be billed directly to the county or whether the claim must first be submitted to the district court for certification to the county board.

BACKGROUND

The underlying facts of this case are not disputed. Travis M., a resident of…