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314 Ga. App. 565
Ga. Ct. App.
2012
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Background

  • Harris was arrested on May 14, 2006, for offenses including a claimed aggravated assault on a peace officer.
  • He was indicted on March 12, 2010 for aggravated assault on a peace officer, firearm charges, and cocaine with intent to distribute.
  • Harris moved to dismiss on July 27, 2010 based on a claimed speedy-trial violation.
  • A hearing on the motion occurred May 9, 2011; the court denied the motion by order dated June 17, 2011.
  • The appellate court vacates the judgment and remands for the trial court to reassess under Barker v. Wingo factors with proper findings and weighing.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether pretrial delay was presumptively prejudicial Harris argues delay was uncommonly long State concedes delay excessive but disputes burden of prejudice Delay presumptively prejudicial; Barker analysis required balancing
Whether the Barker factors were properly weighed Massive delay should be weighed against the state; length counted in four-factor balance Trial court’s weighing should stand if supported by findings Trial court erred in not weighing length and assigning post-indictment reason against both parties; remanded for reconsideration
Whether post-indictment delay was properly attributed Delay post-indictment should be attributed to the State Delay could be due to court or others; not clearly attributed Court erred in attributing post-indictment delay to neither party; remand for proper allocation
Whether there was prejudice due to the delay Harris showed impaired defense due to delay and lack of witnesses Prejudice not shown; substantial delay alone not enough Trial court erred by weighing inability to show actual prejudice too heavily; remand for proper prejudice assessment

Key Cases Cited

  • Fallen v. State, 289 Ga. 247 (Ga. 2011) (uncommon length and Barker factors)
  • Ruffin v. State, 284 Ga. 52 (Ga. 2008) (uncommonly long delay; factors for balancing)
  • State v. White, 282 Ga. 859 (Ga. 2008) (standard for reviewing Barker balancing; deference to findings)
  • Hester v. State, 268 Ga.App. 94 (Ga. App. 2004) (mitigation factors in asserting speedy-trial rights)
  • Pickett v. State, 288 Ga. 674 (Ga. 2011) (framework for Barker analysis and prejudice weighing)
  • Williams v. State, 277 Ga. 598 (Ga. 2004) (pretrial delay and prejudice considerations)
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Case Details

Case Name: Harris v. State
Court Name: Court of Appeals of Georgia
Date Published: Mar 2, 2012
Citations: 314 Ga. App. 565; 724 S.E.2d 864; 2012 Fulton County D. Rep. 911; 2012 Ga. App. LEXIS 235; A11A2427
Docket Number: A11A2427
Court Abbreviation: Ga. Ct. App.
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