State v. Takyi
322 Ga. App. 832
Ga. Ct. App.2013Background
- Takyi arrested Oct 3, 2008 for DUI; municipal court arraignment Nov 19, 2008 and binding over to State Court of Fulton County.
- 18-month pretrial delay between arrest and formal accusation; remand after prior reversal requiring Barker-Doggett framework.
- Jan 22, 2010 Chestney letter requesting speedy trial; Feb 4, 2010 charges filed; Feb 22, 2010 speedy-trial demand.
- On remand (Jun 28, 2012) no new evidence; trial court again granted dismissal, state appeals.
- Court held 46-month delay when calculated from arrest to August 22, 2012 order; presumptively prejudicial and properly analyzed.
- Defendant’s asserted right to a speedy trial weighed against state delay; final prejudice found slight, hearsay properly disregarded
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pretrial delay was presumptively prejudicial | Takyi argues delay was long enough to presumptively prejudicial | State argues Barker-Doggett factors weigh in its favor | Delay presumptively prejudicial |
| Whether delay was uncommonly long under Barker-Doggett | Takyi shows 46 months exceeds ordinary delay | State contends factors offset delay | Delay deemed uncommonly long, weight favoring Takyi |
| Who is more to blame for the delay | Takyi’s proactive efforts do not excuse state delay | State responsible for unexplained 18-month delay plus 28-month remand delay | State chiefly to blame; broadened delay attributed to state |
| Whether Takyi asserted her right in due course | Takyi asserted speedy-trial rights timely through filings | State argues improper hearsay and timing issues | Takyi assertion found in due course; evidence supported by law of the case |
| Prejudice under Barker-Doggett | Anxiety/uncertainty due to immigration status caused prejudice | Prejudice must be shown by delay impact | Final prejudice weighed slightly in Takyi’s favor; hearsay excluded |
Key Cases Cited
- Doggett v. United States, 505 U.S. 647 (U.S. 1992) (framework for presumptive prejudice and Barker-Doggett analysis)
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (establishes Barker four-factor balancing test)
- Goddard v. State, 315 Ga. App. 868 (Ga. App. 2012) (admissibility of hearsay in prejudice findings considered)
- Richardson v. State, 318 Ga. App. 155 (Ga. App. 2012) (delay calculations on remand following reversal)
- Buckner v. State, 292 Ga. 390 (Ga. 2013) (consideration of charges complexity and delay)
- Hayes v. State, 298 Ga. App. 338 (Ga. App. 2009) (unreasonable delay cannot be justified by limited resources)
- Porter v. State, 288 Ga. 524 (Ga. 2011) (recognizes Barker-Doggett framework applicability)
- Ruffin v. State, 284 Ga. 52 (Ga. 2008) (abuse-of-discretion review in speedy-trial claims)
- Moore v. State, 314 Ga. App. 219 (Ga. App. 2012) (two-stage Barker-Doggett framework guidance)