Wilkie v. State
290 Ga. 450
| Ga. | 2012Background
- Morris was killed by crossbow; Wilkie arrested and represented since Sept. 27, 2005.
- Wilkie waived preliminary hearing Oct. 11, 2005; released on bond next day.
- Wilkie indicted for malice murder, felony murder, and aggravated assault on Sept. 22, 2009; arrested Sept. 30, 2009.
- Bail denied Oct. 5, 2009; motion for reconsideration denied Oct. 22, 2009.
- Pled not guilty Apr. 29, 2010; moved for discharge and acquittal and plea in bar alleging speedy-trial violation on Jan. 18, 2011.
- Trial court denied the motion on Apr. 4, 2011; direct appeal taken; judgment affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pretrial delay was presumptively prejudicial under Barker v. Wingo. | Wilkie asserts lengthy delay warrants Barker analysis. | State argues delay due to investigation was not intentional and weighed less. | Presumptive prejudice found but weighed against Wilkie; not entitled to relief. |
| Whether the State’s pre-indictment delay was intentional or negligent. | Delay harmed Wilkie's defense and was not actively pursued. | Delay was due to complex investigation; not intentional. | Finding supported that delay was not intentional; weighs against Wilkie. |
| Whether Wilkie adequately asserted his speedy-trial rights. | Wilkie asserted after indictment; long delay weighed against him. | Late assertion is weighed against defendant; timely assertion not required to salvage claim. | Court did not err in weighing late assertion against Wilkie. |
| Whether Wilkie suffered actionable prejudice from the delay. | Delays harmed defense, including lack of timely evidence and extended incarceration. | Pretrial incarceration and evidence loss not shown to prejudice defense significantly. | Prejudice not demonstrated to the degree required; trial court did not err. |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (speedy-trial framework and Barker factors applied)
- Doggett v. United States, 505 U.S. 647 (U.S. 1992) (presumptive prejudice; starts Barker analysis)
- Sweatman v. State, 287 Ga. 872 (Ga. 2010) (delay weighed against State where not intentional; complex case)
- Bowling v. State, 285 Ga. 43 (Ga. 2009) (prejudice factors and delay considerations in Georgia)