State v. Gnanaprakasam , 310 Neb. 519 ( 2021 )


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  • Nebraska Supreme Court Online Library
    www.nebraska.gov/apps-courts-epub/
    12/23/2021 08:07 AM CST
    - 519 -
    Nebraska Supreme Court Advance Sheets
    310 Nebraska Reports
    STATE v. GNANAPRAKASAM
    Cite as 
    310 Neb. 519
    State of Nebraska, appellee, v. Samraj
    Gnanaprakasam, appellant.
    ___ N.W.2d ___
    Filed December 3, 2021.   No. S-21-246.
    1. Judgments: Speedy Trial: Appeal and Error. Generally, 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.
    2. Courts: Appeal and Error. The district court and higher appellate
    courts generally review appeals from the county court for error appear-
    ing on the record.
    3. Judgments: Appeal and Error. When reviewing a judgment for errors
    appearing on the record, the inquiry is whether the decision conforms
    to the law, is supported by competent evidence, and is neither arbitrary,
    capricious, nor unreasonable.
    4. Speedy Trial. To calculate the time for speedy trial purposes, a court
    must exclude the day the complaint was filed, count forward 6 months,
    back up 1 day, and then add any time excluded under Neb. Rev. Stat.
    § 29-1207(4) (Reissue 2016) to determine the last day the defendant can
    be tried.
    5. Speedy Trial: Indictments and Informations: Complaints. Although
    the speedy trial statutes expressly refer to indictments and informations,
    they also apply to prosecutions commenced by the filing of a complaint
    in county court.
    6. Speedy Trial: Misdemeanors: Warrants: Arrests. For misdemeanor
    offenses where an “intimate partner” is an element of the offense, the
    6-month period in which an accused is to be brought to trial commences
    the date the defendant is arrested on a complaint filed as part of a war-
    rant for arrest.
    7. Speedy Trial: Proof. The burden of proof is upon the State to show by
    the greater weight of the evidence that one or more of the excluded time
    periods under Neb. Rev. Stat. § 29-1207(4) (Reissue 2016) are appli-
    cable when the defendant is not tried within 6 months.
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    Nebraska Supreme Court Advance Sheets
    310 Nebraska Reports
    STATE v. GNANAPRAKASAM
    Cite as 
    310 Neb. 519
    8. Speedy Trial: Good Cause. Neb. Rev. Stat. § 29-1207(4) (Reissue
    2016) does not specifically describe a “continuance” by the court’s own
    motion or judicial delay, but § 29-1207(4)(f) presents a catchall that
    designates as excluded in computing the time for trial other periods of
    delay not specifically enumerated in this section, but only if the court
    finds that they are for good cause.
    9. ____: ____. Judicial delay, absent a showing by the State of good cause,
    does not toll the speedy trial statute.
    10. ____: ____. When a trial court relies on Neb. Rev. Stat. § 29-1207(4)(f)
    (Reissue 2016) to exclude time from the speedy trial calculation, it must
    make specific findings as to the good cause which resulted in the delay.
    11. ____: ____. Evidence of good cause is properly presented at the hearing
    on the motion for absolute discharge and need not be articulated at the
    time of the court’s sua sponte order delaying trial.
    12. ____: ____. Depending upon the evidence presented, a trial court can
    reasonably conclude that a bench trial poses a serious risk of exposing
    its participants to COVID-19 and therefore may be good cause under
    Neb. Rev. Stat. § 29-1207(4)(f) (Reissue 2016).
    Appeal from the District Court for Douglas County, Gregory
    M. Schatz, Judge, on appeal thereto from the County Court
    for Douglas County, Craig Q. McDermott, Judge. Judgment
    of District Court affirmed.
    Thomas M. Petersen and Jennifer Miralles, of Petersen Law
    Office, for appellant.
    Douglas J. Peterson, Attorney General, and Stacy M. Foust
    for appellee.
    Miller-Lerman, Cassel, Stacy, Funke, Papik, and
    Freudenberg, JJ., and Daugherty, District Judge.
    Cassel, J.
    I. INTRODUCTION
    Samraj Gnanaprakasam appeals the judgment of the dis-
    trict court, affirming a county court’s order denying his
    motion for absolute discharge under the speedy trial statutes. 1
    1
    See Neb. Rev. Stat. §§ 29-1205 to 29-1209 (Reissue 2016).
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    Nebraska Supreme Court Advance Sheets
    310 Nebraska Reports
    STATE v. GNANAPRAKASAM
    Cite as 
    310 Neb. 519
    Gnanaprakasam asserts that COVID-19 was not good cause to
    delay his trial and that therefore, he was entitled to discharge.
    He attempts to distinguish our recent pandemic jurisprudence, 2
    because he was to be tried to the bench rather than by jury.
    Finding no merit, we affirm.
    II. BACKGROUND
    On December 2, 2019, Gnanaprakasam was arrested and
    the State filed a complaint against him in the county court,
    charging him with one count of third degree domestic assault,
    a Class I misdemeanor. The State later amended the com-
    plaint to charge him with assault and battery under the Omaha
    Municipal Code. Following a 1-week delay resulting from
    withdrawal of his counsel, the case was rescheduled for a
    bench trial on April 17, 2020.
    However, on April 7, 2020, the court continued
    Gnanaprakasam’s trial to June 16 for good cause under
    § 29-1207(4)(f). The court cited this court’s and the Douglas
    County Health Department’s administrative orders regarding
    the COVID-19 pandemic.
    On June 16, 2020, Gnanaprakasam filed a motion for abso-
    lute discharge, asserting that the State failed to bring him to
    trial within 6 months. At a hearing on his motion, the State
    called no witnesses and offered no exhibits, but requested the
    court to take judicial notice of its continuation order, which
    the court did. Gnanaprakasam introduced an audio record-
    ing of the hearing regarding the withdrawal of his counsel,
    the cited administrative orders, and the Nebraska Pandemic
    Bench Book.
    The county court overruled Gnanaprakasam’s motion for
    discharge, citing this court’s and the Douglas County Board
    of Health’s administrative orders regarding the COVID-19
    pandemic. The court found that 197 days had elapsed between
    2
    See, State v. Brown, ante p. 224, 
    964 N.W.2d 682
     (2021); State v. Chase,
    ante p. 160, 
    964 N.W.2d 254
     (2021).
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    Nebraska Supreme Court Advance Sheets
    310 Nebraska Reports
    STATE v. GNANAPRAKASAM
    Cite as 
    310 Neb. 519
    the filing of the complaint against Gnanaprakasam and his
    motion for discharge, but that the 70 days after the court’s
    postponement of trial were excludable under § 29-1207(4)(f).
    The court explained that the COVID-19 pandemic qualified as
    good cause for the delay.
    Gnanaprakasam filed a timely appeal to the district court,
    which affirmed the county court’s order. The district court con-
    cluded that the 70-day period was excludable for good cause,
    because the COVID-19 pandemic “provided good cause for
    suspension of all activity in the trial court, including the con-
    tinuance of [Gnanaprakasam’s] trial until June 16, 2020.”
    Gnanaprakasam filed a timely appeal and subsequently peti-
    tioned to bypass the Nebraska Court of Appeals. We granted
    the petition. 3
    After the parties submitted their original briefs, this court
    released two decisions 4 addressing COVID-19 as good cause
    under § 29-1207(4)(f). We invited the parties to submit supple-
    mental briefing regarding the applicability of those opinions to
    the instant appeal. They did so, and we have considered their
    submissions.
    III. ASSIGNMENT OF ERROR
    Gnanaprakasam assigns that the district court erred in
    ­affirming the ruling of the county court, which refused to
    sustain his motion for discharge, based upon the speedy trial
    provisions of § 29-1207.
    IV. STANDARD OF REVIEW
    [1] Generally, a trial court’s determination as to whether
    charges should be dismissed on speedy trial grounds is a fac-
    tual question which will be affirmed on appeal unless clearly
    erroneous. 5
    3
    See Neb. Rev. Stat. § 24-1106(2) (Cum. Supp. 2020).
    4
    See, Brown, supra note 2; Chase, supra note 2.
    5
    Brown, supra note 2.
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    Nebraska Supreme Court Advance Sheets
    310 Nebraska Reports
    STATE v. GNANAPRAKASAM
    Cite as 
    310 Neb. 519
    [2,3] The district court and higher appellate courts generally
    review appeals from the county court for error appearing on
    the record. 6 When reviewing a judgment for errors appearing
    on the record, the inquiry is whether the decision conforms
    to the law, is supported by competent evidence, and is neither
    arbitrary, capricious, nor unreasonable. 7
    V. ANALYSIS
    1. Speedy Trial Principles
    An appeal regarding the overruling of a motion for dis-
    charge presents a relatively simple mathematical computation
    of whether the 6-month speedy trial clock, as extended by stat-
    utorily excludable periods, has expired before the commence-
    ment of trial and does not require any showing of prejudice. 8
    [4-7] To calculate the time for speedy trial purposes, a court
    must exclude the day the complaint was filed, count forward
    6 months, back up 1 day, and then add any time excluded
    under § 29-1207(4) to determine the last day the defendant
    can be tried. 9 Although the speedy trial statutes expressly refer
    to indictments and informations, we have held that they also
    apply to prosecutions commenced by the filing of a complaint
    in county court. 10 For misdemeanor offenses, such as the
    original charge here, where an “intimate partner” is an ele-
    ment of the offense, the 6-month period in which an accused
    is to be brought to trial commences the date the defendant is
    arrested on a complaint filed as part of a warrant for arrest. 11
    The burden of proof is upon the State to show by the greater
    weight of the evidence that one or more of the excluded time
    6
    Schaefer Shapiro v. Ball, 
    305 Neb. 669
    , 
    941 N.W.2d 755
     (2020).
    7
    
    Id. 8
    See Chase, supra note 2.
    9
    Id.
    10
    Id.
    11
    Id.
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    Nebraska Supreme Court Advance Sheets
    310 Nebraska Reports
    STATE v. GNANAPRAKASAM
    Cite as 
    310 Neb. 519
    periods under § 29-1207(4) are applicable when the defendant
    is not tried within 6 months. 12
    [8-10] Section 29-1207(4) does not specifically describe a
    “continuance” by the court’s own motion or judicial delay, but
    § 29-1207(4)(f) presents a catchall that designates as excluded
    in computing the time for trial “[o]ther periods of delay not
    specifically enumerated in this section, but only if the court
    finds that they are for good cause.” 13 We have explained that
    judicial delay, absent a showing by the State of good cause,
    does not toll the speedy trial statute. 14 And when a trial court
    relies on § 29-1207(4)(f) to exclude time from the speedy trial
    calculation, it must make specific findings as to the good cause
    which resulted in the delay. 15
    2. Motion for Discharge
    In Gnanaprakasam’s original brief, he supported his assign-
    ment with two arguments. First, Gnanaprakasam asserted that
    the district court erred when it continued his trial sua sponte
    without a hearing, evidence, or argument to find good cause.
    Next, Gnanaprakasam argued that the county court erred in its
    order overruling his motion for discharge, because it was not
    supported by good cause. Each will be addressed in turn.
    (a) Continuance
    Gnanaprakasam first asserts that the State needed to estab-
    lish good cause in order for the court to continue his trial.
    Gnanaprakasam argues that the State needed to present evi-
    dence at a hearing before the court could continue the case
    sua sponte.
    [11] This argument has no merit. We have recently explained
    that evidence of good cause is properly presented at the
    12
    See id.
    13
    Id.
    14
    Id.
    15
    Id.
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    Nebraska Supreme Court Advance Sheets
    310 Nebraska Reports
    STATE v. GNANAPRAKASAM
    Cite as 
    310 Neb. 519
    hearing on the motion for absolute discharge and need not be
    articulated at the time of the court’s sua sponte order delay-
    ing trial. 16
    (b) Order on Motion for Discharge
    Gnanaprakasam alternatively asserted that the court’s order
    was not supported by the evidence adduced at the hearing.
    In fact, he claimed that the evidence “only encourage[d] the
    continued operation of courts during the pandemic and high-
    light the concern for a[n] [a]ppellant’s right to a speedy trial
    in criminal cases.” 17 Gnanaprakasam cites language from this
    court’s administrative order that stated “no court shall close”
    during the pandemic, that the Nebraska Pandemic Bench Book
    (compiled before the COVID-19 pandemic) recommends only
    that civil cases be continued, and that the Douglas County
    Health Department’s administrative order exempted the courts
    from its prohibition on public gatherings.
    This court recently explained that the circumstances entailed
    by the COVID-19 pandemic were such that a court could find
    good cause to delay a criminal trial. 18 In those cases, this court
    found that the trial courts’ determinations that the COVID-19
    pandemic was good cause for the courts to continue criminal
    trials sua sponte were not erroneous. 19 The same is true here.
    In Gnanaprakasam’s supplemental brief, he asserts that State
    v. Chase 20 and State v. Brown 21 are distinguishable from the
    instant appeal because both cases entailed jury trials while
    he would have received a bench trial. He argues that because
    fewer people would be in the courtroom for a bench trial,
    COVID-19 did not justify the continuance.
    16
    Brown, supra note 2.
    17
    Brief for appellant at 6.
    18
    See, Brown, supra note 2; Chase, supra note 2.
    19
    See id.
    20
    Chase, supra note 2.
    21
    Brown, supra note 2.
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    Nebraska Supreme Court Advance Sheets
    310 Nebraska Reports
    STATE v. GNANAPRAKASAM
    Cite as 
    310 Neb. 519
    [12] We find no merit to Gnanaprakasam’s argument.
    Depending upon the evidence presented, a trial court can
    reasonably conclude that a bench trial poses a serious risk of
    exposing its participants to COVID-19 and therefore may be
    good cause under § 29-1207(4)(f). 22 Jurors are not the only par-
    ticipants potentially placed at risk. This court’s administrative
    order mandated that trial courts “devise and implement emer-
    gency preparedness plans to carry out mission essential func-
    tions.” The county court implemented a plan that it reasonably
    believed was necessary to protect itself, court staff, and other
    participants (including Gnanaprakasam himself) from exposure
    to COVID-19.
    VI. CONCLUSION
    The district court did not err in affirming the county court’s
    order that found good cause for the continuances related to the
    COVID-19 pandemic. We affirm the district court’s judgment.
    Affirmed.
    Heavican, C.J., not participating.
    22
    See, Brown, supra note 2; Chase, supra note 2.
    

Document Info

Docket Number: S-21-246

Citation Numbers: 310 Neb. 519

Filed Date: 12/3/2021

Precedential Status: Precedential

Modified Date: 12/23/2021