Davis v. State
308 Ga. App. 843
| Ga. Ct. App. | 2011Background
- Davis was arrested in Fulton County on November 21, 2006 for child molestation.
- He was indicted May 18, 2007 for child molestation and sexual battery.
- On November 16, 2009, Davis moved to dismiss the indictment based on a speedy-trial violation.
- Speedy-trial hearing occurred February 25, 2010; three prosecutors testified about delay and Davis's alias and bench-warrant status.
- The trial court denied the motion on March 5, 2010; the Court of Appeals vacated and remanded for properly supported findings due to misapplication of Barker factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the delay was presumptively prejudicial | Davis: over three years prejudicial per Barker. | State: delay limited by benign factors like caseload and Davis's status. | Presumptively prejudicial; Barker analysis applies |
| Whether the delay was caused by the State vs. Davis | Davis argues delays due to bench warrants and alias. | State: delays were regular with benign causes. | Trial court erred in factual findings; delay cause must be remanded for proper proof |
| Whether Davis asserted his speedy-trial right | Davis asserted constitutional right in motion to dismiss. | Court found no assertion of right. | Davis did assert through motion; remand to reweigh factors with correct facts |
| Whether prejudice was shown | Prejudice shown by impairment of defense and anxiety, etc. | Prejudice not shown based on trial court findings | Prejudice findings unsubstantiated; remand for proper evaluation |
| Overall balancing under Barker factors | Balancing should reflect correct facts; potential violation. | Existing balance favored state given alleged benign delay. | Vacate and remand for correct Barker-factor weighing with supported findings |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (four Barker factors govern speedy-trial analysis)
- Brown v. State, 287 Ga. 892 (2010) (three-year delays weighed heavily against defendant)
- Lattimore v. State, 287 Ga. 505 (2010) (contextual Barker-factor balancing guidance)
- Ruffin v. State, 284 Ga. 52 (2008) (delay weight depends on cause and evidence of negligence or deliberate delay)
- Hayes v. State, 298 Ga.App. 338 (2009) (statutory-demand not prerequisite for constitutional speedy-trial claim; perception of delay matters)
- Porter v. State, 288 Ga.524 (2011) (pro se letters and docket handling impact evidentiary consideration in prejudice/notice issues)
- Pickett v. State, ? (2011) (discusses Barker-factor weighting and prejudice considerations)
- Giddens v. State, 280 Ga.App. 586 (2006) (evidence regarding delay weight against the state must be supported by record)
- Johnson v. State, 274 Ga. 511 (2001) (overcrowded docket weighs against state but not as heavily as intentional delay)
- Boseman v. State, 263 Ga.730 (1994) (Sixth Amendment right to speedy trial and related state constitution provisions)