Hill v. State
315 Ga. App. 833
Ga. Ct. App.2012Background
- Hill was indicted in 2009 on two RICO counts, four subornation of false swearing counts, and one attempt count; motion to dismiss based on pre-indictment delay and speedy trial rights; denial upheld on appeal.
- Arrest and indictment occurred November 20, 2009; released on bond around November 25, 2009; arraigned February 3, 2010 with extended motions deadline to August 31, 2010; motions filed in April 2010; instant motion filed August 31, 2010.
- Case calendar showed readiness issues for motions/hearing; numerous leaves of absence and conflicts for Hill, counsel, and State through 2011.
- Trial court denied Hill’s motion on August 5, 2011; Hill appeals, challenging pre-indictment delay and Sixth Amendment speedy-trial issues.
- Court held the pre-indictment delay did not create due process violation; Barker-Doggett speedy-trial analysis found presumptive prejudice but no actual prejudice; judgment affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pre-indictment delay violated due process | Hill contends delay was deliberate and prejudicial | State argues no due-process violation since no actual prejudice shown | No due-process violation |
| Whether the Sixth Amendment speedy-trial right was violated | Hill argues delay was presumptively prejudicial and prejudicial under Barker-Doggett | State contends delay weighed neutrally or was not prejudicial | Presumptively prejudicial delay but no actual prejudice; no Sixth Amendment violation |
| Proper application of Barker-Doggett balancing including duration and reasons for delay | Delay was long and largely attributable to State actions | Delay due to both sides with overcrowded docket; not solely State blame | Neutral as to reason; no abuse of discretion in balancing |
Key Cases Cited
- Billingslea v. State, 311 Ga. App. 490 (Ga. App. 2011) (requires actual prejudice and deliberate delay for due process claim)
- Hill v. State, 312 Ga. App. 12 (Ga. App. 2011) (pre-indictment delay and speedy-trial considerations)
- Stewart v. State, 310 Ga. App. 551 (Ga. App. 2011) ( Barker-Doggett framework application)
- Robinson v. State, 287 Ga. 265 (Ga. 2010) (delay attributions between state and defense)
- Teasley v. State, 307 Ga. App. 153 (Ga. App. 2010) (unexamined reasons for delay weigh against State when docket is crowded)
- Hayes v. State, 298 Ga. App. 338 (Ga. App. 2009) (delay over 12 months presumptively prejudicial)
- Johnson v. State, 313 Ga. App. 895 (Ga. App. 2012) (consideration of length of delay in Barker-Doggett analysis)
- Howard v. State, 307 Ga. App. 822 (Ga. App. 2011) (failure to assert speedy-trial right weighs against defendant)
- Higgins v. State, 308 Ga. App. 257 (Ga. App. 2011) (need for specific prejudice evidence to support missing-witness claim)
- Porter v. State, 288 Ga. 524 (Ga. 2011) (defendant’s inability to show prejudice weighs against him)