313 Ga. App. 101
Ga. Ct. App.2011Background
- McCree and co-defendant Wilson were arrested November 18, 2005 and indicted May 1, 2008 on cruelty to children and aggravated battery counts.
- Trial commenced August 24, 2009 but ended in mistrial after an audiotape with hearsay was played during deliberations; mistrial order entered August 27, 2009.
- McCree filed two plea-in-bar motions September 28, 2009, one alleging prosecutorial misconduct and one alleging speedy-trial violation; hearing held July 9, 2010; motions denied August 5, 2010.
- A new ADA discovered the court computer system had erroneously marked the case closed since the mistrial, prompting June 2010 scheduling of the motions for a July 2010 hearing.
- On appeal, McCree challenges only the denial of the speedy-trial plea in bar; the court applies Barker v. Wingo/Doggett v. United States two-tier analysis to evaluate presumptive prejudice and balancing.
- Court affirmed denial of speedy-trial claim, finding no abuse of discretion and that delay was not proven prejudicial under the Barker analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the speedy-trial denial was proper under Barker. | McCree argues delay violated speedy-trial rights. | State contends delay not prejudicial and delay was not intentional. | No reversible error; denial affirmed under Barker analysis. |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (two-tier speedy-trial analysis: presumptive prejudice and balancing factors)
- Doggett v. United States, 505 U.S. 647 (1992) (presumptive prejudice and burden shifting in lengthy delays)
- Brewington v. State, 288 Ga. 520 (2011) (Georgia Supreme Court applying Barker framework; timely delay considerations)
- Wilson v. State, 311 Ga. App. 780 (2011) (McCree’s co-defendant previously rejected speedy-trial claim; guidance for analysis)