Hill v. State
312 Ga. App. 12
Ga. Ct. App.2011Background
- Hill was indicted on August 3, 2010 for distribution of methamphetamine, alleged to have occurred on October 3, 2006.
- Hill moved to dismiss the indictment for pre-indictment and prosecutorial delay under federal and Georgia law.
- Trial court denied the motion on March 28, 2011, and Hill appealed.
- The case discusses whether pre-indictment delay can violate due process and whether post-indictment delay can violate the right to a speedy trial.
- The court analyzes (1) pre-indictment delay with respect to actual prejudice and deliberate prosecutorial action, and (2) post-indictment speedy-trial rights under Barker v. Wingo and Georgia law.
- The court ultimately affirms the denial of the motion to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pre-indictment delay violates due process when there is prejudice plus deliberate action? | Hill | State | No; lacks both prejudice and deliberate action showing tactical advantage. |
| Did post-indictment delay deprive Hill of a speedy trial? | Hill | State | No; seven-month delay not presumptively prejudicial under Barker; speedy-trial rights not violated. |
Key Cases Cited
- Jones v. State, 284 Ga. 320 (2008) (pre-indictment delay may violate due process)
- Ruffin v. State, 284 Ga. 52 (2008) (Georgia speedy-trial right coextensive with Sixth Amendment)
- Marion, 404 U.S. 307 (1971) (pretrial delay and Sixth Amendment protections apply after formal restraint)
- Billingslea v. State, 311 Ga.App. 490 (2011) (pre-indictment delay prejudice must be shown; mere possibility insufficient)
- Manley v. State, 281 Ga. 466 (2007) (death of witness not automatic prejudice; objective prejudice required)
- Holton v. State, 280 Ga. 843 (2006) (prejudice inquiry remains fact-intensive)
- Jackson v. State, 279 Ga. 449 (2005) (actual prejudice required to establish pre-indictment delay violation)
- Barker v. Wingo, 407 U.S. 514 (1972) (framework for presumptive prejudice in speedy-trial analysis)
- Moore v. State, 278 Ga. 473 (2004) (pretrial delay analysis after indictment)
- United States v. Marion, 404 U.S. 310 (1971) (statutory limit delays and speedy-trial implications)