Howard v. State
307 Ga. App. 822
| Ga. Ct. App. | 2011Background
- Howard was indicted in December 2006 in Douglas County on RICO-related forgery predicate acts (20 acts) tied to forged checks.
- Howard was not arrested until March 2007; transferred to Douglas County in April 2007 and formally charged then.
- He was represented by counsel; arraignment waived in June 2007; case appeared on August and October trial calendars with counsel not ready.
- There was a period of inactivity in 2008; no substantive proceedings or filings, with no clear reason given.
- In 2009-2010, case activity resumed; a new attorney filed discovery demands; Howard filed a plea in bar on February 3, 2010 alleging denial of right to speedy trial; bench warrant issued when he failed to attend a later calendar.
- A May 5, 2010 evidentiary hearing denied the plea in bar; June 7, 2010 written order denied; Howard appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the delay was uncommonly long to warrant inquiry | Howard | State | Delay was uncommonly long and warranted inquiry |
| Who bears more blame for the delay | Howard bore some responsibility; defense tardiness and absences contributed | State bore most responsibility due to prolonged inaction | State bears preponderance of responsibility for the delay |
| Whether Howard timely asserted his right to a speedy trial | Howard should be deemed to have asserted earlier via papers, but he was represented and pro se demands were ineffective | Howard failed to timely assert under OCGA and federal standards | Howard failed to timely assert the right; weighs heavily against him |
| Prejudice from the delay | Delay impaired defense and caused anxiety; witnesses unavailable concerns | No demonstrated oppression or significant prejudice; mere anxiety not proven | Prejudice not shown sufficient to violate speedy-trial rights |
| Total Barker-Doggett balancing | Delay substantial; prejudice suggested by anxiety and witness unavailability | Delay not deliberately intended to prejudice; some negligence; no strong prejudice | Trial court did not err; denial of plea in bar affirmed |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (weighs four-factor speedy-trial inquiry)
- Doggett v. United States, 505 U.S. 647 (1992) (long-delayed inquiry framework)
- Scandrett v. State, 279 Ga. 632 (2005) (speedy-trial start at arrest or indictment)
- Vermont v. Brillon, U.S. (2009) (applies Barker-Doggett balancing; defendant's attorney delay counts against defendant)
- Brown v. State, 287 Ga. 892 (2010) (timely assertion weighs against defendant in speedy-trial review)
- Ferguson v. State, 303 Ga. App. 341 (2010) (prejudice and timeliness considerations in speedy-trial review)
- Sweatman v. State, 287 Ga. 872 (2010) (nearly five-year delay did not violate speedy-trial rights)