State v. Curry
317 Ga. App. 611
Ga. Ct. App.2012Background
- Terrance Curry was convicted of statutory rape in 2002 and placed on nine years of probation.
- Curry was arrested for a 2006 aggravated assault, released on bond, and later incarcerated for probation violation in 2007.
- Indictment for the 2006 incident issued on November 21, 2008, about nine days before Curry’s expected release.
- Curry was arraigned December 15, 2008, and remained in custody until February 2009.
- In 2011 the trial court denied summary dismissal for pre-indictment delay but granted dismissal for delay in prosecution; the State and Curry cross-appealed in consolidated cases.
- The appellate court vacated the trial court’s rulings and remanded for proper application of Barker v. Wingo/Doggett analysis to both pre-indictment delay and delay in prosecution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pre-indictment delay standard applied | Curry argues Barker-Doggett applies to pre-indictment delay | State contends due-process standard governs pre-indictment delay | Remand for Barker-Doggett analysis of pre-indictment delay |
| Barker-Doggett factors proper weighing | Curry asserts entire delay and all reasons must be weighed | State contends trial court properly weighed the factors | Vacate and remand for complete Barker-Doggett balancing with proper factual findings |
| Pre-indictment silence considered | Curry's pre-indictment silence should be weighed | Court did not consider Curry’s 24-month pre-indictment silence | Remand; trial court must address pre-indictment silence in Barker-Doggett framework |
| Prejudice assessment under Barker-Doggett | Prejudice must be weighed under Barker-Doggett with full record | Prejudice evaluation insufficient as court conflated delay factors | Remand to properly assess prejudice under Barker-Doggett |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (establishes Barker-Doggett framework for speedy-trial analysis)
- Doggett v. United States, 505 U.S. 647 (1992) (presumptive prejudice and balancing approach in delay cases)
- State v. Brown, 315 Ga. App. 544 (2012) (Georgia speedy-trial standards and Barker-Doggett application)
- Wooten v. State, 262 Ga. 876 (1993) (four-factor speedy-trial analysis in Georgia)