Williamson v. State, 295 Ga. 185

Williamson was charged in Fulton County with DUI per se, DUI less-safe, and failure to maintain lane ( filed July 27, 2011).
Williamson filed a speedy trial demand on November 2, 2011, served on the trial court and prosecutor.
Williamson moved for discharge and acquittal under OCGA 17-7-170(b) on January 25, 2012; motion denied January 31, 2012 as premature.
Court of Appeals affirmed, holding the September term did not count for purposes of the two-term requirement because of juror availability.
Georgia Supreme Court held the September term counts if juries were impaneled and qualified; remanded to address whether Williamson waived his speedy-trial right.
Supreme Court reversed the Court of Appeals on counting the September term and remanded for waiver determination.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether September term counts under OCGA 17-7-170(b) when speedy-trial demand filed during it.	Williamson contends September term counts; juries impaneled and qualified.	State contends September term does not count due to calendar/jury issues.	Yes; September term counts.
Whether Williamson waived his right to a speedy trial.	Williamson and counsel did not knowingly waive the speedy-trial right.	Waiver issue was not decided by the trial court and remains unresolved on appeal.	Remand to determine waiver.

Kerese v. State, 10 Ga. 95 (1851) (statutory term counting; impaneled and qualified juries required for term counting)
Union v. State, 273 Ga. 666 (2001) (two-term counting; impaneled/qualified juries per term)
Pope v. State, 265 Ga. 473 (1995) (discharged jury not impaneled/qualified; term counting guidance)
Campbell v. State, 199 Ga. App. 25 (1991) (calendar scheduling does not override statutory mandate)
Birts v. State, 192 Ga. App. 476 (1989) (statute not conditioned on calendar adequacy or other court capacity)
McKnight v. State, 215 Ga. App. 899 (1994) (rejected argument that juries not impaneled/qualified due to other proceedings)