State v. Gleaton
288 Ga. 373
| Ga. | 2010Background
- Gleaton and Clark were arrested in September 2005 for Kemp's murder in Fulton County.
- Two of three State witnesses recanted; the third refused to assist; no grand jury indictment occurred for years.
- From Jan 2006 to Aug 2009, police and DA did not investigate or act on the case; no indictment issued.
- In Aug 2009, the DA obtained an indictment charging malice murder, felony murder, aggravated assault, and felony-firearm.
- In Dec 2009, Gleaton moved to bar trial for speedy-trial violation; Clark joined.
- Trial court applied Barker v. Wingo four-factor balancing and granted the motion; State appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the delay was presumptively prejudicial | Gleaton/Clark argue excessive delay violated speedy-trial rights | State contends factors weigh against violation | Delay was presumptively prejudicial; Barker balancing applied |
| Whether the State's delay was negligent and attributable to the State | Delay resulted from State inaction and lack of investigation | State contends other Barker factors govern | Delay attributable to State executive inaction; weighs against speedy-trial rights |
| Whether pre-indictment silence should defeat speedy-trial bar | Pre-indictment silence weighs against defendants under precedent | Mitigating factor given scheduling order and post-indictment filing | Pre-indictment silence not controlling; timely post-indictment filing favored defendants |
| Whether there was actual prejudice to the defense | No significant prejudice from the delay | Delay impaired investigation due to destroyed crime-scene access | Trial court's finding of actual prejudice upheld; prejudice to defense affirmed |
| Whether the trial court abused its discretion in balancing Barker factors | Court erred by not properly weighing pre-indictment inaction | Record supports dismissal; balancing favors the State | Court did not abuse discretion; manifest prejudice supported dismissal |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (four-factor speedy-trial balancing test)
- Ruffin v. State, 284 Ga. 52 (2008) ( Barker framework in Georgia post-conviction review)
- White v. State, 282 Ga. 859 (2008) (pre-indictment factors and timely post-indictment filing considerations)
- State v. Lattimore, 287 Ga. 505 (2010) (applies Barker factors; distinguishes pre-indictment conduct)
- Williams v. State, 279 Ga. 106 (2005) (pretrial delay prejudice categories and significance)
- State v. Hight, 156 Ga. App. 246 (1980) (pre-indictment conduct and silence weighing against defense)
- Haisman v. State, 242 Ga. 896 (1979) (pre-indictment delay weighed as one consideration)
- Bowling v. State, 285 Ga. 43 (2009) (pretrial prejudice and defendant’s ability to defend)
- Marion, 404 U.S. 307 (1971) (nature of prejudice from witness unavailability over time)
- Madden v. State, 242 Ga. 637 (1978) (general prejudice considerations in delay analyses)
- Wooten v. State, 262 Ga. 876 (1993) (prejudice from fading memories and witness availability not in itself fatal)