Grizzard v. State

688 S.E.2d 402, 301 Ga. App. 613, 2009 Fulton County D. Rep. 4135, 2009 Ga. App. LEXIS 1420
CourtCourt of Appeals of Georgia
DecidedDecember 14, 2009
DocketA09A2301
StatusPublished
Cited by12 cases

This text of 688 S.E.2d 402 (Grizzard v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grizzard v. State, 688 S.E.2d 402, 301 Ga. App. 613, 2009 Fulton County D. Rep. 4135, 2009 Ga. App. LEXIS 1420 (Ga. Ct. App. 2009).

Opinion

BLACKBURN, Presiding Judge.

In this criminal action, William Grizzard appeals the trial court’s denial of his plea in bar, in which he argued that he was denied his constitutional right to a speedy trial. He points to the more than eight-year delay between his arrest and the calling of his case for trial. In light of the extraordinarily long delay, we hold that the trial court abused its discretion in weighing lightly the State’s admitted negligence in bringing this matter to trial and in discounting the actual prejudice that is presumed in delays exceeding five years. Accordingly, we reverse.

■ The undisputed facts show that on October 10, 2000, Grizzard was arrested on six charges of child molestation, for which he was indicted on February 5, 2001. Although Grizzard was released on bond, he was required to wear an ankle monitor to ensure he stayed near home, which monitor remained with him until April 2008.

Shortly after his indictment, Grizzard moved to dismiss four of the indictment’s six counts on statute of limitation grounds. In October 2001, the trial court denied the motion to dismiss but certified the matter for immediate review. On appeal, we reversed and ordered that the four counts be dismissed. Grizzard v. State,1 The trial court received the remittitur in November 2002 and entered judgment accordingly.

Although more than two years had already passed since Griz-zard’s arrest, nothing happened in the case for the next six years on the remaining two counts. The State concedes that it did not diligently prosecute the case, that the case had fallen “off the radar” screen, and that even though the State was aware of the case and was responsible for calendaring cases, the case disappeared off the calendar and “just did not get prosecuted” until it began to appear on court calendars in late 2008. It was finally called for trial in February 2009, at which time Grizzard filed his plea in bar based on a violation of his Sixth Amendment rights.

In an order entered in February 2009, the trial court considered each of the various speedy trial factors set forth in the United States Supreme Court decisions of Barker v. Wingo2 and Doggett v. United States.3 The court concluded that the factors weighed against Griz-zard and accordingly denied his motion and plea. Grizzard appeals this order.

[614]*614Based on Barker, supra, and Doggett, supra, a court should engage in a two-stage analysis when considering an accused’s plea in bar based on an alleged violation of his Sixth Amendment right to a speedy trial.

In the first stage of the analysis, the court must determine whether the pretrial delay is sufficiently long to be considered presumptively prejudicial. The pretrial delay is measured from the accused’s arrest, indictment, or other formal accusation [whichever comes first — see Boseman v. State4] to the trial or, if the accused files a motion to dismiss the indictment, until the trial court denies the motion. If the delay has passed the point of presumptive prejudice, the court must proceed to the second step of the Barker-Doggett analysis, which requires the application of a delicate, context-sensitive, four-factor balancing test to determine whether the accused has been deprived of the right to a speedy trial.

(Citations and punctuation omitted.) West v. State.5 As an appellate court, we review the trial court’s denial of a motion to dismiss an indictment on speedy trial grounds for abuse of discretion and defer to the trial court’s findings of fact and its weighing of disputed facts. Id. at 17 (B). See State v. White.6

1. Presumptive Prejudice. The record shows that over eight years elapsed from the time of Grizzard’s October 2000 arrest until his case came up for trial in February 2009, at which time he moved to dismiss the indictment on speedy trial grounds.7 As the State concedes, such a delay in the prosecution of this case raised a threshold presumption of prejudice. See State v. Reid8 (“[a]s the delay approaches one year[,] it generally is presumptively prejudicial”) (punctuation omitted). Accordingly, we proceed to the second stage of the constitutional speedy trial analysis and consider the four-factor balancing test.

[615]*6152. Barker-Doggett Balancing Test.

The four factors that form the core of the constitutional speedy trial balancing test are: (1) whether the delay before trial was uncommonly long, (2) whether the government or the criminal defendant is more to blame for that delay, (3) whether, in due course, the defendant asserted the right to a speedy trial, and (4) whether he or she suffered prejudice as the delay’s result. None of the Barker-Doggett factors is either a necessary or sufficient condition to the finding of a deprivation of the right of speedy trial. The four factors emphasized in Barker and Doggett do not constitute an exhaustive list; they have no talismanic qualities and must be considered together with such other circumstances as may be relevant given the animating principles behind the speedy trial guarantee. Thus, the second stage of the constitutional speedy trial analysis requires courts to engage in a difficult and sensitive balancing process and necessarily compels them to approach speedy trial cases on an ad hoc basis.

(Citations and punctuation omitted.) West, supra, 295 Ga. App. at 16-17 (B).

(a) Whether the delay before trial was uncommonly long. As the State concedes, an over eight-year delay in bringing a defendant to trial on child molestation charges is uncommonly long. The record shows that the trial court properly weighed this factor against the State. See West, supra, 295 Ga. App. at 17 (B) (1).

(b) Whether the government or the criminal defendant is more to blame for the delay. Once again, the State concedes that it was at fault for the delay, particularly during the six years following the return of the remittitur. The trial court held that because there was no evidence that the State deliberately attempted to delay the trial in order to hamper the defense, this delay caused by the State’s negligence in allowing this case to languish is a negative that the trial court considered relatively benign and that it weighed more lightly than deliberate action by the State to harm the defense. See West, supra, 295 Ga. App. at 17 (B) (2).

However, the trial court failed to account for the fact that “the weight we assign to official negligence compounds over time as the presumption of evidentiary prejudice grows. Thus, our toleration of such negligence varies inversely with its protractedness.” (Punctua[616]*616tion omitted). State v. Sutton.9 Here, this eight-year delay is much longer than the five-year delays roundly condemned by our Courts as so egregious and so long that actual prejudice is presumed. See, e.g., Brannen v. State10 (seven-year delay is “egregious”); White, supra, 282 Ga. at 863 (2) (d) (five-and-one-half-year delay raises presumption of actual prejudice); Nelloms v. State

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Bluebook (online)
688 S.E.2d 402, 301 Ga. App. 613, 2009 Fulton County D. Rep. 4135, 2009 Ga. App. LEXIS 1420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grizzard-v-state-gactapp-2009.