Cawley v. State
324 Ga. App. 358
Ga. Ct. App.2013Background
- Cawley was arrested for DUI and speeding on February 19, 2009.
- Arraigned April 22, 2009, pled not guilty, and requested a jury trial.
- Case was placed on the June 20, 2011 trial calendar; State obtained a continuance due to officer unavailability.
- Case moved to September 12, 2011 trial calendar; Cawley failed to appear, a special bench warrant issued, and he appeared September 21, 2011; court then ordered trial calendar for January 2013, but trial defense not held.
- On March 1, 2013, Cawley moved to dismiss the charges as a speedy-trial violation; trial court summarily denied on May 10, 2013.
- Appellate review was granted; the issue is whether the denial was proper under Barker v. Wingo and related standards, and the order lacked proper Barker findings; remand directed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of the speedy-trial motion was an abuse of discretion | Cawley contends Barker factors show violation. | State contends delay not violative or discretion proper. | Remanded for proper Barker findings; merits to be reviewed on remand. |
| Whether the court failed to enter Barker findings and conclusions | Written Barker findings are required for review and preservation of discretion. | Not specified; discretion otherwise reviewable. | Remanded to enter a proper order with findings and conclusions. |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (two-tier Barker-Doggett framework for speedy-trial analysis)
- Doggett v. United States, 505 U.S. 647 (U.S. 1992) (presumptively prejudicial delay considerations in analysis)
- State v. Porter, 288 Ga. 524, 705 S.E.2d 636 (Ga. 2011) (applies Barker framework in Georgia speedy-trial analysis)
- Ruffin v. State, 284 Ga. 52, 663 S.E.2d 189 (Ga. 2008) (discusses Barker framework application in Georgia)
- Higgenbottom v. State, 288 Ga. 429, 704 S.E.2d 786 (Ga. 2011) (emphasizes need for Barker-based fact-finding on appeal)
- Buckner v. State, 292 Ga. 390, 738 S.E.2d 65 (Ga. 2013) (discretion reviewed for abuse in speedy-trial claims)
- Richardson v. State, 318 Ga. App. 155, 733 S.E.2d 444 (Ga. App. 2012) (remand for proper Barker analysis when lacked findings)
- Moore v. State, 309 Ga. App. 519, 710 S.E.2d 692 (Ga. App. 2011) (remand when Barker findings are missing)