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State v. Feldhacker3/11/2003
On August 30, 2000, the State filed an information in the district court for Seward County charging William J. Feldhacker with resisting arrest, third degree assault on a police officer, second-offense refusal of a chemical test, second-offense driving under suspension, fourth-offense driving while intoxicated, and possession of an open alcoholic beverage container. Feldhacker filed a pro se motion for absolute discharge on July 10, 2001, which motion was subsequently amended by counsel. On December 31, the district court overruled Feldhacker's amended motion. Feldhacker appeals, claiming he was denied his statutory and constitutional rights to a speedy trial. Because only the procedural aspects of this case are involved, we do not recount any facts giving rise to the aforementioned charges.
I. FACTUAL AND PROCEDURAL BACKGROUND
As previously mentioned, on August 30, 2000, the State filed an information in the district court for Seward County charging Feldhacker with three felonies, two misdemeanors, and one infraction. On September 21, Feldhacker's counsel filed a motion to discover; a motion for disclosure of Brady materials, pursuant to Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963); a motion for a Jackson v. Denno hearing, pursuant to Jackson v. Denno, 378 U.S. 368, 84 S. Ct. 1774, 12 L. Ed. 2d 908 (1964); and a motion for disclosure of intention to use evidence of other crimes or other acts. All four pretrial motions were set for hearing before the trial court on October 31.
On October 24, 2000, the State filed a motion to continue the Jackson v. Denno hearing, which continuance was not objected to by Feldhacker's counsel, David L. Kimble, and the hearing was reset for December 4. On October 31, Feldhacker sent an "Inmate Request Form" to the Seward County District Court requesting to see the trial judge for a bond hearing and to inquire about Kimble's performance. On November 2, Feldhacker sent a similar request addressed to the district court specifically stating that Kimble was lying to him and that his right to legal counsel was being denied. On November 6, the court filed both inmate requests with the clerk of the court and set a hearing for November 13.
On November 13, 2000, the previously mentioned discovery and disclosure motions were heard and a discovery compliance deadline was set for December 13. On December 4, the Jackson v. Denno hearing was held in the district court. After testimony was received from Troopers Randy Bybee and Marcus Warnke of the Nebraska State Patrol, the following exchange occurred:
[State's attorney]: Your Honor, there is one other person, and I have spoken with Mr. Kimble about on this person. It would be Trooper [Franklin] Peck, and he had just a couple of statements that [Feldhacker] made, and Mr. Peck was unavailable to be here today. But I will be typing up an affidavit in regards to what the circumstances were and the statements. And Mr. Peck would sign that affidavit, and I will present that to Dave Kimble. And I believe he would not have an objection from me supplementing this hearing date in regards to that affidavit.
THE COURT: Mr. Kimble?
MR. KIMBLE: So stipulated.
THE COURT: All right. The stipulation's approved and accepted.
On January 4, 2001, the State submitted Trooper Franklin Peck's affidavit. The district court made its final ruling on the Jackson v. Denno motion on January 22, finding that all of Feldhacker's statements made to Troopers Bybee, Warnke, and Peck were voluntary and therefore admissible at trial.
On January 23, 2001, Feldhacker sent another inmate request form to the clerk of the Se
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