Obtuse Opinion Writing Department: State v. Washington, 269 Neb. 728 (2005)

State v. Washington, 269 Neb. 728 (April 28, 2005). No. S-04-868. Appeal from the District Court for Douglas County: J. Patrick Mullen, Judge. Exception sustained. Opinion by Justice McCormack. Language in this case is not a model of clarity, but its convoluted double negative syntax sounds good for a moot court brief. Adrian C. Washington was charged with second degree assault by information filed December 4, 2003. The next day, Washington waived his right to physically appear for his arraignment and also filed a motion for discovery. That motion was not disposed of until May 27, 2004, when the district court ordered mutual and reciprocal discovery. The Defendant sought discharge under the Nebraska Speedy Trial Act, 29-1207; the trial court agreed and dismissed the charged. The State successfully appealed to the Supreme Court. “ (In) computing the 6-month period for statutory speedy trial purposes, § 29-1207(4)(a) excludes the “period of delay resulting from other proceedings concerning the defendant, including but not limited to . . . the time from filing until final disposition of pretrial motions of the defendant….the issue is far from unsettled.”