State v. Johnson
291 Ga. 863
| Ga. | 2012Background
- Five-plus years elapsed between Johnson’s arrest and indictment dismissal, triggering a presumptive speedy-trial prejudice.
- Johnson was arrested July 6, 2006; he and two co-defendants were indicted in October 2006.
- A September 15, 2008 trial date was set, but co-defendants Reaux and Williams were not located and charges were dropped against them.
- The State sought and obtained continuances to locate Reaux and Williams, but they remained unreachable for months and the case entered a dead docket on March 27, 2009.
- Johnson remained ready for trial throughout delays and was released on bond in October 2008.
- In November 2010 Reaux was located; the case was restored to active docket, and in 2011 Johnson moved to dismiss the indictment, which the trial court granted; the State appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the delay created a presumption of prejudice. | Johnson argues the lengthy delay implicates Barker–Doggett prejudice. | State concedes presumption due to >5 years. | Yes; the delay presumptively prejudiced Johnson. |
| Whether the trial court properly weighed Barker factors. | Johnson contends the court misweighed factors, especially state responsibility and assertion. | State asserts proper consideration and deference to trial court discretion. | No; the court abused its discretion and remand is required. |
| Whether Johnson asserted the speedy-trial right in due course. | Johnson announced readiness but did not file a statutory demand and waited years. | State argues failure to assert promptly should weigh against Johnson. | Trial court erred in giving undue weight to asserted readiness; remand. |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (set framework for balancing Barker factors in speedy-trial claims)
- Doggett v. United States, 505 U.S. 647 (1992) (presumption and factors for unwarranted delay inquiry)
- Scandrett v. State, 279 Ga. 632 (2005) (attaches rule on when delay raises prejudice in Georgia)
- Pickett v. State, 288 Ga. 674 (2011) (how Barker factors are weighed; appellate review discretion)
- Sweatman v. State, 287 Ga. 872 (2010) (delay weighed against State when unintentional or negligent)
- Porter v. State, 288 Ga. 524 (2011) (remand when Barker analysis not properly applied)
- Ruffin v. State, 284 Ga. 52 (2008) (accused’s assertion of right bears weight)
- Vermont v. Brillon, 556 U.S. 81 (2009) (delays due to court/System factors; weight considerations)
- Brillon (cited within Brillon), 556 U.S. 81 (2009) (see Brillon above for delay context)