Jackson v. State
311 Ga. App. 342
Ga. Ct. App.2011Background
- Jackson appeals a trial court decision denying his motion to dismiss an indictment on Sixth Amendment speedy-trial grounds.
- Georgia Constitution and Barker v. Wingo framework govern the speedy-trial analysis in this case.
- The Barker test has four factors: length of delay, reason for delay, defendant's assertion of the right, and prejudice.
- Prejudice under Barker includes three interests: preventing oppressive pretrial incarceration, minimizing anxiety, and preserving the defense.
- The trial court held Jackson showed no prejudice but did not enter findings on most Barker factors.
- This Court vacates the judgment and remands for a proper Barker-based order with necessary findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Barker factors were properly applied | Jackson argues Barker factors require more than prejudice findings. | State contends the order's prejudice finding suffices. | Remand for proper Barker findings required. |
| Whether the trial court abused discretion by failing to make necessary Barker findings | No abuse if prejudice shown; other factors ignored. | Order reflects discretion; lack of findings does not show abuse. | Abuse cannot be determined without full Barker findings. |
| Whether the record supports any basis to deny the speedy-trial claim | Delay, reason, and other Barker factors may support denial. | Trial court found no prejudice; other Barker factors unaddressed. | Not determinable on current record; remand necessary. |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (U.S. Supreme Court, 1972) (establishes four-factor speedy-trial test and balancing approach)
- Higginbottom v. State, 288 Ga. 429 (Ga. 2011) (requires Barker-based analysis with proper findings on appeal)
- State v. Pickett, 288 Ga. 674 (Ga. 2011) (requires proper Barker findings; limits review without them)