Jones v. State
322 Ga. App. 310
Ga. Ct. App.2013Background
- Jones was indicted in May 2005 for armed robbery and aggravated assault, involving beer theft and stabbing the clerk.
- A November 2005 bench trial found Jones guilty of robbery, acquitted him of assault, and imposed a recidivist conviction on robbery.
- Jones filed a timely motion for new trial in December 2005.
- Public defender representation for appeal began in 2006, but delays followed by unappointed counsel until February 2010; trial file was lost before appointment.
- In February 2011, new appellate counsel filed an amended motion for new trial alleging ineffective assistance, video evidence issues, lost file, and delayed appellate appointment; trial court denied in December 2011.
- Jones challenged appellate delay as a due process violation; the trial court had provided only cursory Barker v. Wingo analysis, leading to vacating and remanding the case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Barker factors properly applied | Jones argues the trial court abused discretion by not applying all Barker factors. | State contends the delay analysis was adequate and supported by findings. | Yes; court vacated and remanded for proper Barker analysis. |
| Whether prejudice and other Barker factors were adequately addressed | Jones showed prejudice from lost file and delay; prejudice argued in briefing and at hearing. | State claimed no prejudice and limited findings suffice. | No adequate prejudice finding; remand required for proper factual findings on Barker factors. |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (U.S. Supreme Court, 1972) (four-factor speedy-trial analysis governs delays in post-conviction appeals)
- Chatman v. Mancill, 280 Ga. 253 (Ga. 2006) (defines speedy appeal for post-conviction delay)
- Higgenbottom v. State, 288 Ga. 429 (Ga. 2011) (cautions about prejudice considerations in delay claims)
- Smith v. State, 292 Ga. 588 (Ga. 2013) (discusses sufficiency of appellate record in delay claims)
- Glover v. State, 291 Ga. 152 (Ga. 2012) (abuse of discretion review of trial court Barker analysis)