Sosniak v. State
292 Ga. 35
| Ga. | 2012Background
- Sosniak arrested March 20, 2006 for murder; indicted September 10, 2007 with co-defendants McGhee and Ortegon.
- State announced death-penalty intent October 5, 2007; pre-trial order for review issued September 3, 2009.
- Interim review affirmed trial court rulings in Sosniak v. State, 287 Ga. 279 (695 SE2d 604) (2010).
- Sosniak's trial repeatedly continued: January 2011 start, then July 11, 2011, then October 10, 2011; continuance requests denied.
- Sosniak moved to dismiss for speedy-trial violation October 7, 2011; trial court denied October 28, 2011; appellate review sought direct appeal under alleged collateral order doctrine; opinion overrules Callaway and Boseman.
- Appeal dismissed; Sosniak remains incarcerated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pretrial denial of a speedy-trial claim is directly appealable. | Sosniak relies on collateral order doctrine. | Callaway and Boseman authorize direct appeal. | Overruled; direct appeal not allowed; use interlocutory procedures. |
| Whether the collateral order doctrine allows immediate appellate review of pretrial speedy-trial denials. | Collateral order doctrine permits pretrial speedy-trial appeal. | MacDonald rejects pretrial speedy-trial direct appeal. | Overruled; collateral order doctrine inapplicable to constitutional speedy-trial denials. |
| Whether the speedy-trial delay and Barker v. Wingo factors support denying relief. | Delay substantial; defendant asserted right late. | Delay was justified and no prejudice shown. | No abuse of discretion; delay presumptively prejudicial; but no prejudice shown for dismissal. |
Key Cases Cited
- Abney v. United States, 431 U.S. 651 (U.S. 1977) (collateral order doctrine authorizes pretrial appeal in limited contexts)
- MacDonald v. United States, 435 U.S. 850 (U.S. 1978) (pretrial denial of speedy-trial motion not appealable under collateral order doctrine)
- Callaway v. State, 275 Ga. 332 (Ga. 2002) (extended collateral order to constitutional speedy-trial claims (overruled))
- Boseman v. State, 263 Ga. 730 (Ga. 1994) (acknowledged direct appeal for speedy-trial denials (overruled))
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (four-factor speedy-trial balancing test)
- Ruffin v. State, 284 Ga. 52 (Ga. 2008) (defines presumptive prejudice and Barker factors application)
- Vermont v. Brillon, 556 U.S. 81 (U.S. 2009) (delay weighting for neutral causes; defense delays weighed against defendant)
- Porter v. State, 288 Ga. 524 (Ga. 2011) (computes delay length from arrest to ruling on motion)
- Walker v. State, 290 Ga. 696 (Ga. 2012) (statutory speedy-trial motion timing; three-term rule post- conviction)