Goddard v. State
310 Ga. App. 2
Ga. Ct. App.2011Background
- Goddard was arrested for taking a cash box from a tanning‑salon employee and was indicted for robbery in Newton County on Feb. 19, 1993.
- Goddard filed a speedy trial demand on Jan. 20, 1994 under OCGA § 17-7-170, seeking acquittal on all three Newton County charges.
- On Feb. 1, 1994 Goddard was released from Fulton County custody; notice of trial was mailed to the wrong address on Feb. 11, 1994.
- When his Newton County case was called on Feb. 28, 1994, he did not appear, a bench warrant issued, and the case was later dead-docketed; from 1994 to 2010 he was in custody in other counties.
- Goddard filed a plea in bar on May 19, 2010 asserting both statutory and constitutional speedy trial violations; the trial court denied the plea in bar on both grounds.
- The appellate court held: (i) statutory demand was ineffective only as to the robbery charge; Goddard is entitled to acquittal on reckless driving and fleeing/attempting to elude, but the robbery charge waiver defeats the statutory speedy-trial appeal for that count; (ii) the trial court failed to conduct Barker v. Wingo constitutional-speedy-trial analysis with findings of fact, requiring reversal in part and remand for proper Barker findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statutory speedy-trial waiver and acquittal scope | Goddard did not waive his statutory speedy-trial rights | State contends waiver occurred for all charges or at least the robbery charge | Goddard entitled to acquittal on reckless driving and fleeing/eloide; robbery waiver forecloses statutory relief for that count |
| Constitutional speedy-trial analysis under Barker | Trial court failed to apply Barker factors with proper findings | State/comments on Barker factors not detailed in order | Remand to enter Barker-based factual findings and lawful order; partial reversal of denial on constitutional grounds |
Key Cases Cited
- Bond v. State, 212 Ga. App. 608, 442 S.E.2d 482 (1994) (statutory speedy-trial issues; depending on waiver evidence)
- Sykes v. State, 236 Ga. App. 518, 511 S.E.2d 566 (1999) (waiver of speedy-trial if defendant voluntarily causes a continuance)
- State v. Bell, 274 Ga. 719, 559 S.E.2d 477 (2002) (notice issues and waiver under speedy-trial rules)
- Gifford v. State, 301 Ga. App. 50, 686 S.E.2d 831 (2009) (waiver and notice defects in speedy-trial contexts)
- Bryant v. State, 265 Ga. App. 234, 593 S.E.2d 705 (2004) (courts balance Barker factors; standard of review for appeals)