Carder v. State
312 Ga. App. 61
Ga. Ct. App.2011Background
- Offenses occurred June 18, 2005; Carder arrested and counsel retained by July 11, 2005.
- Indictment issued August 4, 2008, charging multiple homicide, serious injury, DUI, and lane failure counts.
- Carder moved in limine Sept. 22, 2008; amended April 6, 2009; partial exclusion granted in part.
- Court of Appeals issued an opinion Dec. 11, 2009; remittitur returned to trial court July 2010.
- Case placed on trial calendars; Carder filed plea in bar Sept. 15, 2010; trial court denied Oct. 11, 2010.
- Appeal affirmed; court held no abuse of discretion in denying speedy-trial claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether delay was presumptively prejudicial | Carder | State | Delay presumptively prejudicial; trigger for Barker-Doggett review |
| Whether delay was uncommonly long under Barker-Doggett | Carder | State | Approximately 38 months uncommonly long, weighed against State |
| Who is responsible for the delay | Carder | State | Delay partly due to State and partly due to other factors; not wholly attributable to State; weighed against State but not heavily |
| Whether the accused asserted the right in due course | Carder | Carder | Assertion occurred late; factor weighed heavily against Carder |
| Whether the delay prejudiced the defense | Carder | State | No actual prejudice shown; defense not significantly impaired |
Key Cases Cited
- Barker v. United States, 407 U.S. 514 (U.S. 1972) (tests to assess speedy-trial rights using Barker-Doggett factors)
- Doggett v. United States, 505 U.S. 647 (U.S. 1992) (importance of reasons for delay in speedy-trial analysis)
- Porter v. State, 288 Ga. 524 (Ga. 2011) (balancing framework for speedy-trial analysis in Georgia)
- Ruffin v. State, 284 Ga. 52 (Ga. 2008) (delay reasons pivotal; not all delays attributed to State)
- Mullinax v. State, 273 Ga. 756 (Ga. 2001) (pretrial anxiety and defense impairment considerations)
- Weems v. State, 310 Ga. App. 590 (Ga. App. 2011) (ad hoc, context-sensitive Barker analysis in Georgia appellate practice)
- Ferguson v. State, 303 Ga. App. 341 (Ga. App. 2010) (defendant's duty to assert speedy-trial right weighs against delay prejudice)