State v. TAKYI
314 Ga. App. 444
Ga. Ct. App.2012Background
- Takyi was arrested for DUI on Oct. 3, 2008; charges were brought in Fulton County on Feb. 4, 2010 and Feb. 22, 2010 after transfer from municipal court; 18-month delay between arrest and trial led to a speedy-trial dismissal in April 2010; trial court applied Barker and Doggett balancing and found a violation; court relied in part on hearsay and improper evidence to weigh prejudice; appellate court vacated and remanded for proper factual findings and legal analysis; decision remanded for new, adequately supported order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether delay was presumptively prejudicial | Takyi | State | Yes, delay presumptively prejudicial. |
| Whether four Barker factors properly balanced | Takyi's right was jeopardized by long delay and some prejudice | State | Remand needed due to errors in how factors weighed and evidence used. |
| Whether hearsay and improper testimony supported prejudice finding | Takyi | State | Hearsay improperly relied on; prejudice factor flawed. |
| Whether dismissal was proper remedy or remand needed | Takyi | State | Remanded to reinstate proper balancing with correct findings. |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (two-stage speedy-trial inquiry; presumptively prejudicial period and four-factor balance)
- Doggett v. United States, 505 U.S. 647 (1992) (delays long enough to be presumptively prejudicial; four-factor test framework)
- Porter v. State, 288 Ga. 524 (2011) (Ga. speedy-trial balancing; abuse-of-discretion review)
- Jones v. State, 284 Ga. 320 (2008) (hearsay and non-testifying witnesses cannot support harm findings)
- Reimers v. State, 310 Ga.App. 887 (2011) (appellate remand for proper Barker analysis)