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Allen Goddardv.The State

CourtCourt of Appeals of Georgia
Docket No.A12A0504
DecidedMay 15, 2012
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureConstitutional LawAppellate ProcedureDirect AppealStandard of ReviewVacaturRemand
Case Summary

Allen Goddard was arrested in 1992 on Georgia robbery-related charges, but his case was not brought to trial for nearly nineteen years. The trial notice went to the wrong address, a bench warrant was not properly entered into the state database, and the case remained on the dead docket for about ten years while Goddard moved in and out of custody on unrelated matters. The trial court denied Goddard's constitutional speedy-trial plea, and the Georgia Court of Appeals vacated that ruling in an earlier appeal for failure to apply the Barker speedy-trial framework. On the second appeal, the Court of Appeals again vacated and remanded. It held that the trial court had measured the relevant delay incorrectly, failed to account for periods attributable to the State, improperly treated dead-docket time when evaluating Goddard's assertion of the right, and failed to consider the presumption of prejudice created by the extraordinary delay. The court required a fresh analysis of the length, reasons, assertion, and prejudice factors, followed by a properly supported written balancing decision. It did not decide whether the constitutional right was ultimately violated.

Opinion

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