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The Statev.Michael Lewis

CourtCourt of Appeals of Georgia
Docket No.A19A0470
DecidedJune 17, 2019
Reporter286 Ga. 422
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureFourth AmendmentConstitutional LawRemandVacatur
Case Summary

Police stopped Michael Lewis and a codefendant after observing a seatbelt violation and saw what appeared to be a marijuana cigar on Lewis. A handgun was found in the vehicle, and Lewis was charged with possession of a firearm by a convicted felon. Years later, Lewis moved to suppress and sought dismissal on speedy-trial grounds. At a hearing, the codefendant pleaded guilty, and the trial court dismissed Lewis’s indictment after the State could not immediately clarify where the gun had been found. The Court of Appeals vacated the order. A directed verdict was unavailable because Lewis had not been tried, and the trial court could not decide evidentiary sufficiency before trial. If the court intended to dismiss on speedy-trial grounds, it first had to apply the Barker and Doggett framework and make the required factual findings and legal conclusions. The case was remanded for a properly reasoned ruling on the speedy-trial motion.

Opinion

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The State V. Michael Lewis — The Atlanta Gleaner