311 Ga. App. 206
Ga. Ct. App.2011Background
- Hudson was indicted in Fulton County in June 2009 on multiple counts including aggravated sodomy, sexual battery, battery, and reckless conduct.
- On August 6, 2009, Hudson filed a speedy trial demand along with ten other pleadings on a single certificate of service.
- On September 17, 2009, the trial court granted the State's motion to dismiss the speedy trial demand for failure to comply with OCGA § 17-7-170.
- Hudson filed a motion for discharge and acquittal on December 30, 2009 for failure to be tried within the statutory time, which the trial court denied on April 16, 2010.
- Hudson appeals challenging the trial court’s denial and the prior dismissal, arguing the speedy trial demand satisfied the pleading requirements.
- The appellate court held the speedy trial demand was a separate, distinct document meeting OCGA § 17-7-170(a) and reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hudson's speedy trial demand complied with OCGA § 17-7-170(a). | Hudson—demand was a separate document. | State—demand failed the pleading requirements. | Demand complied; trial court erred |
Key Cases Cited
- Snow v. State, 229 Ga.App. 532 (1997) (speedy-trial pleading standards)
- Jones v. State, 304 Ga.App. 445 (2010) (speedy-trial demand not separate where within motion to dismiss)
- Frank v. State, 257 Ga. App. 164 (2002) (issues not raised below not reviewable on appeal)