State v. Godfrey
309 Ga. App. 234
Ga. Ct. App.2011Background
- Godfrey was arrested June 1, 2003, and charged with rape and aggravated child molestation of his girlfriend's daughter.
- Indicted on April 4, 2006; trial began March 19, 2008 with a motion to dismiss speedy-trial rights denied.
- This court issued Godfrey I in 2009 affirming denial of speedy-trial claim; remittitur issued July 9, 2009.
- Plea and arraignment occurred October 8, 2009; re-indictment on December 15, 2009 for multiple counts.
- January 7, 2010 Godfrey moved to dismiss counts by special demurrer; January 29, 2010 he moved to dismiss on statute of limitations and speedy-trial grounds; State appeals.
- Court remands for proper Barker balancing and for inclusion of videotape of victim interview in the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy-trial analysis proper? | Godfrey | Godfrey | Remand for proper Barker balancing; prior analysis flawed |
| Are Counts 5, 7, 8 timely under OCGA 17-3-2.1 tolling? | State | Godfrey | Counts 5, 7, 8 not barred; timely indictment within tolling period |
| Are Counts 4 and 6 barred by statute of limitations? | State | Godfrey | Counts 4 and 6 barred; dismissal affirmed |
| Sufficiency of date allegations in Counts 1-2 and 4-8; special demurrer. | State | Godfrey | Remanded for de novo review with videotape record |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (four-factor balancing test for speedy trial right)
- Brannen v. State, 262 Ga. App. 719 (Ga. Ct. App. 2003) (binding effect of previous judgment on facts at time)
- State v. Pickett, 288 Ga. 674 (Ga. 2011) (remand when trial court uses wrong legal analysis)
- State v. Porter, 288 Ga. 524 (Ga. 2011) (remand when trial court errs in legal standard)
- Tompkins v. State, 278 Ga. 857 (Ga. 2005) (tolling for under-16 victims; timing rules)
- Moss v. State, 220 Ga. App. 150 (Ga. Ct. App. 1996) (indictment tolling when victim under age 16)
- Grizzard v. State, 258 Ga. App. 124 (Ga. Ct. App. 2002) (tolling and proof requirements for under-16 victim cases)
- Layman v. State, 279 Ga. 340 (Ga. 2005) (date-range allegations and special demurrer standards)
- Howard v. State, 281 Ga. App. 797 (Ga. Ct. App. 2006) (evidence on narrowing indictment dates)
- Tompkins v. State, 265 Ga. App. 760 (Ga. App. 2004) (predecessor analysis of tolling; cited for timing specifics)