State v. Reimers
310 Ga. App. 887
| Ga. Ct. App. | 2011Background
- Reimers was arrested June 4, 2008 for touching a female child under 16; he was released on a consent bond June 8, 2008.
- The grand jury returned a true bill on October 6, 2009.
- Reimers waived arraignment on November 3, 2009.
- Discovery exchanges occurred from November 2009 through February 2010, including a forensic video recording.
- Reimers announced ready for trial March 30 and May 25, 2010; the case was not reached in the June 14, 2010 calendar week.
- On July 6, 2010 the trial court discharged and acquitted Reimers; the State appeals the speedy-trial ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pretrial delay was presumptively prejudicial under Barker. | Reimers; delay presumptively prejudicial. | State concedes presumptive prejudice. | Yes; delay was presumptively prejudicial. |
| Whether the Barker length-of-delay factor was properly weighed by the trial court. | Court failed to weigh length of delay. | Not clearly stated; delay weighed as part of Barker analysis. | Trial court erred by not weighing length of delay as a Barker factor. |
| Whether the assertion of the speedy-trial right was properly weighed. | Reimers asserted constitutional right late; should not be weighed heavily in his favor. | Trial court weighed assertion of right in Reimers's favor. | Error in weighing; factor should not have heavily favored Reimers. |
| Whether prejudice to the defense was shown to support dismissal. | Reimers showed anxiety and potential impairment of defense. | No evidentiary support for extraordinary anxiety or actual defense impairment; prejudice not shown beyond presumptive prejudice. | No substantial impairment shown; trial court erred in relying on it. |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (establishes four-factor Barker speedy-trial analysis)
- Ruffin v. State, 284 Ga. 52 (2010) (preserves Barker framework in Georgia context; length and prejudice considerations)
- Porter v. State, 288 Ga. 524 (2011) (guides balancing of Barker factors; abuse-of-discretion review with diminished deference for error)
- Boseman v. State, 263 Ga. 730 (1994) (delay with no shown reason weighs against the State)
- Ivory v. State, 304 Ga.App. 859 (2010) (mitigating weight for assertion-of-right when discovery dictates timing)
- Moses v. State, 301 Ga.App. 315 (2009) (illustrates mitigation/weight considerations under Barker)
- Doggett v. United States, 505 U.S. 647 (1992) (presumptive prejudice increases over time)
- Nagbe v. State, 302 Ga.App. 682 (2010) (addresses reliance on delay-related prejudice in Barker analysis)
- Layman v. State, 284 Ga. 83 (2008) (background on Barker factors)