Legal Opinion

State v. Recek

Nebraska Supreme Court

Decided April 5, 2002No. S-01-769PublishedCited by 8 opinions

1Opinion of the CourtWright, J.

NATURE OF CASE

Shane R. Recek moved to dismiss a charge of manslaughter based upon an alleged violation of his statutory right to a speedy trial. The Platte County District Court denied Recek’s motion, and he appeals.

SCOPE OF REVIEW

As a general rule, a trial court’s determination as to whether charges should be dismissed on speedy trial grounds is a factual question which will be affirmed on appeal unless clearly erroneous. State v. Murphy, 255 Neb. 797, 587 N.W.2d 384 (1998).

To the extent an appeal calls for statutory interpretation or presents questions of law, an appellate court must reach…

2Cases cited16 opinions

  1. State v. HoeyHawaii Supreme Court · 1994
  2. State v. BrownNebraska Supreme Court · 1983
  3. Commonwealth v. MalinowskiSupreme Court of Pennsylvania · 1996
  4. State v. BairdNebraska Supreme Court · 2000
  5. State v. WardNebraska Supreme Court · 1999

11 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. FeldhackerNebraska Supreme Court · 2004
  2. State v. BakerNebraska Supreme Court · 2002
  3. State v. CoveyNebraska Supreme Court · 2004
  4. State v. FeldhackerNebraska Court of Appeals · 2003
  5. State v. RoundtreeNebraska Court of Appeals · 2003

3 more not listed; retrieve them via the Exa API.

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