State v. Brown
315 Ga. App. 544
| Ga. Ct. App. | 2012Background
- Brown was arrested in June 2002 for molestation-related offenses and released on bond.
- A Fulton County grand jury indicted Brown in July 2006 on aggravated child molestation and false imprisonment.
- Discovery delays and misaddressed materials delayed Brown’s access to State’s evidence.
- Brown was arraigned in November 2008; discovery was provided at that time.
- Brown moved to dismiss the indictment for speedy-trial violation in December 2008; hearing postponed to pursue alibi evidence.
- The trial court later held nine months of hearings and ultimately dismissed the indictment for speedy-trial violation, attributing nearly all delay to State negligence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pretrial delay presumptively prejudices Brown | Brown | Brown | Delay presumptively prejudicial; nine-year gap qualifies |
| How to weigh the causes of delay (State vs. Brown) | State negligence dominates | Some Brown responsibility | State negligence weighed heavily; Brown responsibility minimal |
| Whether Brown timely asserted the speedy-trial right | Brown asserted in due course given circumstances | Assertion was untimely | Brown asserted promptly enough considering mitigating circumstances |
| Whether actual prejudice was proven or remand needed | Actual prejudice shown by missing alibi records | No proof of actual prejudice; presumptive prejudice suffices | Actual prejudice not proven; presumption of prejudice supports relief; no remand required |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (balancing four Barker-Doggett factors for speedy-trial analysis)
- Doggett v. United States, 505 U.S. 647 (1992) (presumption of prejudice grows with time; weighting of delay factors)
- Ruffin v. State, 284 Ga. 52 (2008) (accused must assert right in due course; circumstances may mitigate delay)
- Pickett, 288 Ga. 674 (2011) (in due course standard and weight of assertion and delay)
- State v. Gleaton, 288 Ga. 373 (2010) (mitigation of asserting speedy-trial rights when out on bond without counsel)
- White, 282 Ga. 859 (2008) (mitigation for assertion timing and discovery obligations)