Fallen v. State
289 Ga. 247
| Ga. | 2011Background
- Fallen arrested Sept 11, 2007 for murder; public defender appointed; released on bail Sept 14, 2007.
- Indicted Oct 20, 2009 for murder and related offenses.
- Arraigned Apr 29, 2010; new public defender appointed.
- Fallen filed a Sixth Amendment speedy-trial motion on Aug 27, 2010; hearing held; motion denied Sept 22, 2010.
- Delay from arrest to motion to dismiss was nearly three years; court weighed Barker factors.
- Record shows no intentional delay by State; potential prejudice limited by available testimony and witnesses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pretrial delay was presumptively prejudicial under Barker. | Fallen asserts prolonged delay violated Sixth Amendment. | State contends delay not intentionally prejudicial and factors mitigate. | Presumptive prejudice triggered; Barker factors still required analysis. |
| Whether the remaining Barker factors support denying dismissal. | Delay negated defendant’s rights due to prejudice. | Delay due to negligence, not intentional; minimal prejudice. | No abuse of discretion; no substantial prejudice; indictment affirmed. |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (establishes four-factor speedy-trial balancing test)
- Doggett v. United States, 505 U.S. 647 (1992) (presumptive prejudice threshold; delay interacts with Barker factors)
- Boseman v. State, 263 Ga. 730 (1994) (three-year delay triggers presumption; weight factors by prejudice over time)
- State v. White, 282 Ga. 859 (2008) (review for abuse of discretion; deference to trial court findings)
- Callaway v. State, 275 Ga. 332 (2002) (direct appeal from denial of plea in bar; framework cited)