Higgenbottom v. State
290 Ga. 198
| Ga. | 2011Background
- Death of 15-day-old infant in 1992; Higgenbottom, age 15, was at the victim's home when injuries occurred.
- Initial autopsy ruled the death accidental; later reports (2007) concluded homicide and led to arrest in 2007.
- April 8, 2009, seven-count indictment for murder, cruelty to children, and aggravated battery.
- Higgenbottom pleaded not guilty; trial delayed to the next term at defense and State request.
- September 2009 trial term continued; motions to dismiss and speedy-trial issues filed January 2010; remand for Barker-based findings occurred.
- February 17, 2011, amended order denied motion to dismiss for speedy trial; ultimately affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a speedy-trial violation was shown under Barker</br>v. Wingo four-factor test. | Higgenbottom argues delay prejudiced defenses and was improper. | State contends delay not presumptively prejudicial and factors weigh against Higgenbottom. | No abuse of discretion; not all factors favor Higgenbottom. |
| Whether pre-indictment and post-arrest delays violated due process due to deprivation of rights | Delay caused by State and presumption of prejudice not shown. | Delay not the product of deliberate government action; no actual prejudice. | No due-process violation established. |
| Whether non-murder counts were time-barred and the indictment should be dismissed | Statutes of limitation tolled where perpetrator unknown until 2007. | State lacked actual knowledge of perpetrator before 2007; tolling applies. | Indictment not subject to dismissal; tolling applied appropriately. |
| Whether the court erred in denying plea in bar/demurrer regarding limitations | Non-murder counts barred by statutes of limitation. | OCGA § 17-3-2 tolling and knowledge standards apply; no displacement of indictment. | No error; denial affirmed. |
Key Cases Cited
- Jones v. State, 284 Ga. 320 (Ga. 2008) (presumptive prejudice and timing standards in delay inquiries)
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (four-factor speedy-trial balancing test)
- Wimberly v. State, 279 Ga. 65 (Ga. 2005) (no bright-line rule for prejudice; Barker factors applied)
- Fallen v. State, 289 Ga. 247 (Ga. 2011) (deference to trial court findings; four-factor balancing context)
- Nelloms v. State, 274 Ga. 179 (Ga. 2001) (considerations on speedy-trial timing and prejudice)
- Haisman v. State, 242 Ga. 896 (Ga. 1979) (pre-indictment speedy-trial considerations and rights)
- Beasley v. State, 244 Ga.App. 836 (Ga. App. 2000) (statutory tolling when identity unknown; knowledge standard)
- Jenkins v. State, 278 Ga. 598 (Ga. 2004) (investigative timing and discovery considerations)