Ward v. State
311 Ga. App. 425
| Ga. Ct. App. | 2011Background
- Ward was arrested in February 2008 on two counts each of armed robbery, aggravated assault, and kidnapping.
- Public defender appointed May 2008; arraignment June 2008; discovery motions filed; bond set at $500,000 but unaffordable.
- Public defender withdrew August 4, 2008 due to funding, leaving Ward unrepresented for five months.
- Ward obtained retained counsel January 2009 after family scraped funds; demand for jury trial and pretrial motions filed January–March 2009; bond reduced in March 2009 to $200,000.
- In 2009–2010, multiple counsel changes and conflicts; case repeatedly set for trial and calendar calls; extensive delay continued.
- On November 8, 2010 Ward moved to dismiss the case on speedy-trial grounds; trial court denied; order entered December 13, 2010 holding delay not caused by prosecution and not substantially prejudicial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 34-month delay was presumptively prejudicial. | Ward argues delay is presumptively prejudicial. | State concedes presumptive prejudice due to long delay. | Yes, presumptively prejudicial. |
| Whether the government caused the delay. | Ward argues government delays contributed. | State contends not entirely at fault; some delay due to docket and conflicts. | Delay partly attributable to government. |
| Whether Ward asserted the speedy-trial right in a timely manner. | Ward did not assert the right for 22 months after counsel hired. | State emphasizes defendant's failure to promptly assert right. | Ward's failure weighs against him. |
| Whether the delay prejudiced Ward’s defense. | Ward witnesses unavailable and co-defendant not produced prejudiced defense. | No substantial prejudice shown; defendant could subpoena witnesses; limited impact. | No substantial prejudice established. |
Key Cases Cited
- Ruffin v. State, 284 Ga. 52 (2008) (unusually long delay can be presumptively prejudicial in noncapital cases)
- Barker v. Wingo, 407 U.S. 514 (1972) (multifactor speedy trial framework)
- Doggett v. United States, 505 U.S. 647 (1992) (unusually long delay raises presumption of prejudice)
- State v. Redding, 274 Ga. 831 (2002) (four-factor balancing approach in Georgia)
- Weis v. State, 287 Ga. 46 (2010) (funding failure implications on delay weighing against State)
- Vermont v. Brillon, 556 U.S. 81 (2009) (conflict-free counsel requirement for indigent defendants)
- Layman v. State, 284 Ga. 83 (2008) (prejudice and anxiety considerations in prejudice assessment)
- Higgins v. State, 308 Ga.App. 257 (2011) (context for uncommonly long delay weighing against State)
- Over v. State, 302 Ga.App. 215 (2010) (docket and scheduling issues affecting delay analysis)