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Steve Singletonv.The State

CourtCourt of Appeals of Georgia
Docket No.A12A1627
DecidedSeptember 19, 2012
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureConstitutional LawSixth AmendmentDue ProcessAppellate ProcedureEvidenceHearsayPlea in BarReversalRemand
Case Summary

Steve Singleton was arrested for simple battery in April 2007, but the State later pursued felony charges and did not indict him until October 2009. After the trial court denied his plea in bar, Singleton appealed, arguing that more than four years of delay violated his constitutional right to a speedy trial. The Georgia Court of Appeals vacated and remanded. Applying Barker-Doggett, the court held that the trial court had to measure approximately 55 months from Singleton’s arrest through denial of the plea, not 19 months from indictment through his assertion of the right. That error affected the assessment of the length and reasons for delay, including an overcrowded docket, and the presumptive prejudice associated with prolonged delay. Although Singleton waited years to assert the right and identified no concrete impairment of his defense, the trial court had to reconsider all four interrelated factors using the correct facts and legal analysis. The court did not decide whether a speedy-trial violation occurred. It vacated the order and remanded with direction for a new discretionary determination.

Opinion

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