Walker v. State
290 Ga. 696
| Ga. | 2012Background
- Walker filed a statutory speedy-trial demand in August 2009 in Peach County Superior Court.
- She is charged with malice murder, felony murder, armed robbery, and theft by taking a motor vehicle, all within a degree that for speedy-trial purposes is treated as capital offenses.
- Peach County Superior Court convenes three terms per year: March, August, November.
- After the demand, two terms (Nov 2009 and Mar 2010) passed without a trial; a third term (Aug 2010) also expired without a trial during which a death-penalty notice was filed.
- Walker filed a discharge-and-acquittal motion in Nov 2010 (the fourth term after the demand); the trial court denied as premature based on its reading of OCGA § 17-7-171(b).
- The Georgia Supreme Court held that the statute requires more than two terms to expire before discharge, and that death-penalty notice can reset the speedy-trial clock, making the motion premature
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether more than two terms must pass after a speedy-trial demand for discharge | Walker argues only two terms pass are required | State argues more than two terms must pass before discharge | More than two terms must expire before discharge |
| Whether a death-penalty notice resets the speedy-trial clock after expiration | Not explicitly stated, but implied timing favors discharge | Death-penalty notice can reset the clock to start after pretrial review | Death-penalty notice resets the speedy-trial clock; discharge Premature |
Key Cases Cited
- Turner v. State, 269 Ga. 392, 497 S.E.2d 560 (1998) (capital-offense timing for speedy-trial purposes)
- White v. State, 202 Ga.App. 370, 414 S.E.2d 296 (1991) (capital offense treatment for certain counts)
- Cleary v. State, 258 Ga.203, 366 S.E.2d 677 (1988) (multicount indictments; capital vs noncapital timing)
- Merrow v. State, 268 Ga.App. 47, 601 S.E.2d 428 (2004) (analysis of more than two terms in capital context (dicta))
- Smith v. State, 192 Ga.App. 604, 386 S.E.2d 370 (1989) (three-pronged compliance for speedy trial in capital cases)
- Tutt v. State, 267 Ga.49, 472 S.E.2d 306 (1996) (often cited about two-term rule (dicta))
- Burns v. State, 265 Ga.763, 462 S.E.2d 622 (1995) (two-term rule interpretation (dicta))
- Bailey v. State, 209 Ga.App. 390, 433 S.E.2d 610 (1993) (two-term timing after demand (dicta))
- Harper v. State, 203 Ga.App. 775, 417 S.E.2d 435 (1992) (two-term timing after demand (dicta))
- State v. Varner, 277 Ga.433, 589 S.E.2d 111 (2003) (extreme sanction; strict compliance with speedy-trial requirements)
- Smith v. State, 261 Ga. 298, 299(1), 404 S.E.2d 115 (1991) (three-pronged procedure for capital speedy-trial)