311 Ga. App. 780
Ga. Ct. App.2011Background
- Wilson and Stephanie McCree were arrested in November 2005 on cruelty to children charges for injuries to their child, Somora Wilson, Jr.
- They were indicted on May 1, 2008, for three counts of cruelty to children in the first degree and five counts of aggravated battery.
- Wilson pled not guilty on April 7, 2009; trial was set for June 4, 2009, but a continuance moved it to August 13, 2009.
- A mistrial occurred on August 27, 2009 during jury deliberations due to improper playback of an audiotape.
- Wilson filed two pleas in bar on October 5, 2009 (pretrial delay and prosecutorial misconduct) but no rule nisi was submitted at first; a rule nisi was later submitted in May 2010.
- At the July 9, 2010 hearing, Wilson offered no new evidence of prejudicial delay; the trial court denied both pleas on August 5, 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the delay was presumptively prejudicial under Barker | Wilson argues the eleven-month delay was presumptively prejudicial. | The State contends the delay is not presumptively prejudicial or is outweighed by other factors. | Pretermitted; even if presumptively prejudicial, Barker balancing required and did not show abuse. |
| Whether the Barker four-factor balancing favored Wilson | Wilson asserts the delay weighed against the State due to length and culpability. | State argues no intentional delay, Wilson contributed to delay, and no prejudice. | No abuse; record supports weighing factors against Wilson; judgment affirmed. |
| Whether Wilson's delay in asserting the speedy-trial claim was proper | Wilson asserted the claim only after several years. | Delay in asserting rights weighed against Wilson. | Court did not err in weighing this factor against Wilson. |
| Whether there was prejudice to Wilson | Prejudice could include oppression, anxiety, or impairment of defense. | No evidence of such prejudice; incarceration was brief and mainly due to failures to appear. | No prejudice shown; no abuse in denial of speedy-trial claim. |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (establishes four-factor Barker balancing test for speedy-trial claims)
- State v. Pickett, 288 Ga. 674 (2011) (delay approaching one year generally presumptively prejudicial)
- Ferguson v. State, 303 Ga.App. 341 (2010) (preservations of presumptively prejudicial delay under Barker)
- Jakupovic v. State, 287 Ga. 205 (2010) (timeframe for speedy-trial motions after mistrial)
- Brewington v. State, 288 Ga. 520 (2011) (relevant time period from mistrial to motion denial)
- Johnson v. State, 274 Ga. 511 (2001) (balancing test requires no abuse of discretion)
- Nelloms v. State, 274 Ga. 179 (2001) (protects three speedy-trial interests; prejudice analysis)
- Ogletree v. State, 303 Ga.App. 581 (2010) (delay in demanding speedy trial weighed against defendant)
- Over v. State, 302 Ga.App. 215 (2010) (long delays weighed against defendant)
- Jackson v. State, 272 Ga. 782 (2000) (negligent delay weighed as relatively benign against State)