Ward v. State
325 Ga. App. 890
| Ga. Ct. App. | 2014Background
- Ward was arrested February 8, 2006 and indicted July 25, 2006 for DUI, license offenses, and improper stopping.
- He pleaded not guilty August 14, 2006; case scheduled for calendar call in Sept 2006 and reset to accommodate motions and conflicts.
- A December 13, 2006 date was vacated due to Ward’s conflict notices; Ward failed to appear for that date.
- From March 2007 to February 2012, proceedings were delayed with periods of defense requests, conflicts, and lack of case activity; the State offered little explanation.
- Ward filed a motion to dismiss for speedy-trial violation February 22, 2012; the trial court denied May 8, 2012 after a hearing.
- On appeal, Ward argues denial of his speedy-trial claim; the court affirms denial, balancing Barker factors and noting delay was largely attributable to the State and Ward’s lack of timely assertion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the six-year pretrial delay violated Ward's speedy-trial rights | Ward asserts denial of speedy-trial rights due to substantial delay. | State contends delay was largely neutral or attributable to Ward and his counsel, and defense asserted rights late. | No violation; denial affirmed after Barker balancing. |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (establishes Barker four-factor speedy-trial test)
- Doggett v. United States, 505 U.S. 647 (U.S. 1992) (presumptive prejudice threshold for delay analysis)
- Lambert v. State, 302 Ga. App. 573 (Ga. App. 2010) (framework for Barker analysis in Georgia)
- State v. Brown, 315 Ga. App. 544 (Ga. App. 2012) (speedy-trial review; delay and assertion considerations)
- Phan v. State, 290 Ga. 588 (Ga. 2012) (delay, assertion, and prejudice components of Barker test)
- Brown v. State, 287 Ga. 892 (Ga. 2010) (avoidance of prejudice and assertion timing influence outcome)
- State v. Gay, 321 Ga. App. 92 (Ga. App. 2013) (proper weighting of Barker factors and appellate review standard)
- Ruffin v. State, 284 Ga. 52 (Ga. 2008) (delay attributable to state negligence weighs against State)