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The Statev.Logan Adam Bowman

CourtCourt of Appeals of Georgia
Docket No.A20A1873
DecidedOctober 5, 2021
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureDue ProcessAppellate ProcedureMistrialReversalRemand
Case Summary

Logan Adam Bowman was convicted of child molestation and incest after a jury trial. Years later, the trial court granted a new trial because the petit jury had not been sworn. Bowman then obtained discharge and acquittal, arguing that the nullified verdict and the delay violated his statutory and constitutional speedy-trial rights. The Court of Appeals of Georgia reversed. It held that the speedy-trial analysis had to account for the mistrial and the timing of Bowman’s motion, and that the delay was not constitutionally presumptively prejudicial on the record. The court also rejected the argument that the State’s appeal violated double-jeopardy principles because the discharge order was not a final acquittal on the merits.

Opinion

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