Higgenbottom v. State, 288 Ga. 429

Higgenbottom was arrested in August 2007 on an arrest warrant for malice murder, felony murder, cruelty to children in the first degree, and aggravated battery in connection with a 1992 infant death.
An indictment was returned in April 2009 and trial was initially set for September 21, 2009.
Defense counsel obtained a continuance on September 9, 2009, delaying proceedings.
On February 17, 2010, Higgenbottom moved to dismiss for failure to provide a speedy trial; a hearing followed and the trial court denied the motion in a four-sentence order.
The issue presented is whether the delay violated Higgenbottom’s Sixth Amendment and Georgia speedy-trial rights under Barker v. Wingo’s four-factor test, and whether the trial court properly applied Barker.
The Georgia Supreme Court vacates the trial court’s order and remands for a proper Barker-based order with explicit findings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Barker factors were properly applied.	Higgenbottom: Barker factors were not properly considered due to insufficient findings.	State: Barker framework applicable; the record supports denial based on the factors.	Remanded for proper Barker findings; current order insufficient.

Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (establishes the four-factor test for speedy-trial claims)
Johnson v. State, 268 Ga. 416 (1997) (acknowledges Barker factors; balancing approach)
Brown v. State, 264 Ga. 803 (1994) (abuse-of-discretion review in speedy-trial claims)
Phan v. State, 287 Ga. 697 (2010) (requires Barker-based findings to review trial court discretion)
Bryant v. State, 265 Ga. App. 234 (2004) (illustrates Barker-factor considerations in Georgia appeals)