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STATE v. TAMAYO

No. S-09-223.

791 N.W.2d 152 (2010)

280 Neb. 836

STATE of Nebraska, appellee, v. Joseph E. TAMAYO, appellant.

Supreme Court of Nebraska.

November 19, 2010.

Attorney(s) appearing for the Case

James J. Regan, Omaha, for appellant.

Jon Bruning, Attorney General, James D. Smith, Lincoln, and Nathan A. Liss for appellee.

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

GERRARD, J.

Joseph E. Tamayo was charged with murder and a weapons charge and, before trial, filed a motion to have a psychiatric expert appointed to evaluate him. The motion was granted, and the psychiatric evaluation took several months. The issue presented in this appeal is whether the State proved that the time associated with that evaluation was an automatically excludable period under Nebraska's speedy trial statutes.1 We find that...

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