Brewington v. State
288 Ga. 520
| Ga. | 2011Background
- Defendants Brewington, Tyrone Brown, and Gary Brown were identified as accomplices in a March 2006 double murder in Clayton County.
- Brewington and Gary Brown were arrested in March and November 2006, respectively; Tyrone Brown was arrested in March 2006 but not tried with co-defendants initially.
- Brewington and Gary Brown were tried November 2009; the trial ended in mistrial due to a hung jury.
- In June 2009, Brewington and Gary Brown moved to dismiss on speedy-trial grounds; the court denied, and no appeal followed.
- After the mistrial, the court scheduled a March 2010 re-trial; on March 11, 2010 Tyrone Brown joined his co-defendants’ speedy-trial motion, which the court denied on March 16, 2010.
- The appellate court affirmed the speedy-trial denial as to Brewington and Gary Brown, and separately analyzed Tyrone Brown’s four-year delay under Barker v. Wingo and related standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether delay was presumptively prejudicial for Brewington and Gary Brown | Brewington/Gary Brown: delay from arrest to denial was presumptively prejudicial | Brewington/Gary Brown: delay not prejudicial; speedy-trial rights not violated | No; delay not presumptively prejudicial; Barker-Doggett not invoked |
| Whether Tyrone Brown’s four-year delay violated speedy-trial rights | Brown: long delay presumptively prejudicial; speedy-trial violation | State: defense actions and other factors negate violation | No; factors support denial of violation; governing four-factor test favors the State |
| Effect of defense counsel actions on delay for Tyrone Brown | Defense delays caused postponements and severance | Delays largely due to defense conduct and fee disputes | Delay attributed to defense; no speedy-trial violation |
| Timeliness of Brown’s assertion of speedy-trial rights | Early demands thwarted; timely assertion lacking | Brown’s late assertion weighs against him | Court weighed late assertion against Brown; no violation |
| Prejudice factors in Tyrone Brown case | Incarceration and anxiety show prejudice | Prejudice insufficient to establish violation | Prejudice not enough to establish a violation |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (establishes two-tier speedy-trial analysis and four-factor Barker test)
- Doggett v. United States, 505 U.S. 647 (1992) (presumptively prejudicial delay triggers full Barker analysis)
- Bowling v. State, 285 Ga. 43 (2009) (applies Barker analysis in Georgia for presumptively prejudicial delays)
- Jakupovic v. State, 287 Ga. 205 (2010) (measure delay from grant of new trial in retrial context)
- Ruffin v. State, 284 Ga. 52 (2008) (defines Barker factors and prejudice considerations)
- Smith v. State, 284 Ga. 17 (2008) (demonstrates timing considerations for speedy-trial demands)
- Jackson v. State, 279 Ga. 449 (2005) (helps assess timeliness of assertion of speedy-trial rights)