Moore v. State
309 Ga. App. 519
| Ga. Ct. App. | 2011Background
- Moore was arrested in 2004 and indicted in 2007 on charges including statutory rape, aggravated child molestation, and child molestation.
- Moore filed a plea in bar and a special demurrer; the trial court denied both.
- On appeal, this court affirmed the denial of the plea in bar and remanded for a hearing on the special demurrer; the trial court granted the special demurrer.
- The State re-indicted Moore on the same general charges of statutory rape, child molestation, and false imprisonment.
- Moore demanded a speedy trial and moved to dismiss the second indictment, arguing the speedy-trial clock began in 2004 and continued through the second plea in bar; in February 2010, after a hearing, the trial court denied the plea in bar without findings of fact or conclusions of law.
- The appellate court vacates the order and remands to enter findings and conclusions in line with Barker v. Wingo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Barker v. Wingo analysis was properly applied with proper findings. | Moore contends Barker analysis requires explicit findings. | State argues the existing denial stands without Barker-specific findings. | Remanded for proper Barker-based findings and conclusions. |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (U.S. Supreme Court, 1972) (speedy-trial balancing factors for delay assessment)
- State v. Lessing, 302 Ga.App. 196-197, 690 S.E.2d 501 (Ga. App. 2010) (requires Barker-based findings in speedy-trial analysis)
- McGowan v. State, 303 Ga.App. 873, 695 S.E.2d 328 (Ga. App. 2010) (recognizes Barker framework in speedy-trial context)
- Bryant v. State, 265 Ga.App. 234, 593 S.E.2d 705 (Ga. App. 2004) (applies speedy-trial considerations in Georgia appellate review)