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STATE v. RECEK

No. S-01-769.

641 N.W.2d 391 (2002)

263 Neb. 644

STATE of Nebraska, Appellee, v. Shane R. RECEK, Appellant.

Supreme Court of Nebraska.

April 5, 2002.

Attorney(s) appearing for the Case

Susanne Dempsey, Platte County Public Defender, and James R. Mowbray and Kelly S. Breen, of the Nebraska Commission on Public Advocacy, for appellant.

Don Stenberg, Attorney General, and Ronald D. Moravec, Plattsmouth, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, 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...

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