State v. Johnson

734 S.E.2d 12, 291 Ga. 863, 2012 Fulton County D. Rep. 3456, 2012 Ga. LEXIS 856
CourtSupreme Court of Georgia
DecidedNovember 5, 2012
DocketS12A0868
StatusPublished
Cited by26 cases

This text of 734 S.E.2d 12 (State v. Johnson) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Johnson, 734 S.E.2d 12, 291 Ga. 863, 2012 Fulton County D. Rep. 3456, 2012 Ga. LEXIS 856 (Ga. 2012).

Opinions

Blackwell, Justice.

More than five years after he was arrested, John Johnson still had not been brought to trial, so he moved to dismiss his indictment, arguing that he had been denied his constitutional right to a speedy trial. The trial court granted his motion, and the State appeals. The principles that guide a court in its consideration of whether a delay in bringing an accused to trial amounts to a denial of his right to a speedy trial are set out in Barker v. Wingo, 407 U. S. 514 (92 SC 2182, 33 LE2d 101) (1972), and Doggett v. United States, 505 U. S. 647 (112 SC 2686, 120 LE2d 520) (1992),1 and the State contends that the trial court misapplied some of these principles in this case. We agree, and' we reverse the decision below and remand for the trial court to correctly apply the principles set out in Barker and Doggett.

The record shows that Brandon Scott was killed on the evening of December 31, 2005, and Johnson, Albert Reaux, and Michael Williams were arrested and charged with his murder. Johnson was arrested on July 6, 2006, and he, Reaux, and Williams were indicted in October 2006. A trial was specially set to begin on September 15, 2008. Before trial, however, Reaux and Williams agreed to testify against Johnson, and the prosecuting attorney dropped the charges against Reaux and Williams. Prior to their release from custody, Reaux was served with a subpoena to appear at trial, but Williams was not.

[864]*864When the trial date arrived, Reaux and Williams failed to appear, and the prosecuting attorney was unable to locate them. The State asked for, and was granted, a number of continuances to allow more time to locate these witnesses. The State was unable, however, to locate them in the next several months, and on March 27, 2009, the trial court put the case on its dead docket. In the meantime, Johnson was given a bond in October 2008. Throughout the delays, he appeared and announced that he was ready to proceed with trial.

In November 2010, the State finally located Reaux in a Louisiana prison, and the case was restored to the active docket. Nine months later, just before his trial was to commence, Johnson moved to dismiss his indictment, arguing that the delay of his prosecution had worked a denial of his constitutional right to a speedy trial.2 The trial court heard the motion in September 2011, and a few days later, it granted the motion and dismissed the indictment. The State timely filed a notice of appeal.

1. When an accused claims that a delay in bringing him to trial has worked a denial of his constitutional right to a speedy trial, a court first must consider whether the delay is long enough to raise a presumption of prejudice and to warrant a more searching judicial inquiry into the delay. See Doggett, 505 U. S. at 651-652 (II); see also Barker, 407 U. S. at 530-531 (IV); State v. Pickett, 288 Ga. 674, 675 (2) (a) (706 SE2d 561) (2011). The right to a speedy trial attaches at the time of arrest or formal accusation or indictment, whichever occurs first, and the courts measure the delay from the time the right attaches. Scandrett v. State, 279 Ga. 632, 633 (1) (a) (619 SE2d 603) (2005). Generally speaking, a delay approaching one year is sufficient in most cases to raise a presumption of prejudice and to warrant a more searching inquiry. See Doggett, 505 U. S. at 652 (II), n. 1; but see Barker, 407 U. S. at 530-531 (IV) (“[T]he length of delay that will provoke such an inquiry is necessarily dependent upon the peculiar circumstances of the case.”). In this case, more than five years elapsed between the arrest of Johnson and the dismissal of his indictment. The trial court correctly found that this delay raises a presumption of prejudice, and the State does not contend otherwise.

2. When a delay raises a presumption of prejudice, and a more searching inquiry is warranted, a court must consider “whether [the] delay before trial was uncommonly long, whether the government or the criminal defendant is more to blame for that delay, whether, in due course, the defendant asserted his right to a speedy trial, and whether he suffered prejudice as the delay’s result.” Doggett, 505 [865]*865U. S. at 651 (II); see also Barker, 407 U. S. at 530-533 (IV); Pickett, 288 Ga. at 675 (2) (a). Of these factors, no one is dispositive. Instead, a court must weigh all four factors, along with any other relevant circumstances, in “a difficult and sensitive balancing process.” Barker, 407 U. S. at 533 (IV); see also Pickett, 288 Ga. at 675 (2) (a). Weighing these factors is committed to the substantial discretion of the trial court, and “its ultimate judgment is reviewed on appeal only for abuse of that discretion.” State v. Porter, 288 Ga. 524, 533 (2) (e) (705 SE2d 636) (2011). We now examine whether the trial court in this case abused its discretion in weighing the pertinent factors and concluding that Johnson was denied his right to a speedy trial.

(a) The First Factor: Length of the Delay. In its order, the trial court made no explicit finding about whether the delay in this case was uncommonly long. Nevertheless, the trial court said that the first factor was “satisfied,” and by this statement, we understand the trial court to have found that the delay was uncommonly long and to have weighed this factor against the State. We conclude that the weighing of this factor against the State was no error. See Pickett, 288 Ga. at 676 (2) (c) (1).

(b) The Second Factor: Reasons for the Delay. The trial court attributed the delay in this case to the State, and it weighed this factor against the State. The record clearly supports the finding that the State is more to blame for the delay. Indeed, the record shows that the delay is mostly attributable to the inability of the State to locate Reaux and Williams. When these witnesses failed to appear for trial in September 2008, the State asked for, and received, several continuances to locate them, and it continued its efforts to find Reaux through the middle of 2009. The case was put on the dead docket when the State proved unable to promptly locate these witnesses, and it was restored to the active docket only after Reaux finally was located. The trial court did not err, therefore, in weighing this factor against the State. See Tyner v. State, 298 Ga. App. 42,44 (2) (679 SE2d 82) (2009) (“The unavailability of State witnesses weighs against the State.”).

It is unclear, however, how much weight the trial court assigned to this factor. About the weight, the United States Supreme Court has explained that “different weights should be assigned to different reasons.” Barker, 407 U. S. at 531 (IV). “A deliberate attempt to delay the trial in order to hamper the defense should be weighted heavily against the government,” whereas an unintentional delay, such as that occasioned by the mere negligence of the prosecuting attorney or the overcrowded docket of the trial court, “should be weighted less heavily.” Id. See also Vermont v. Brillon, 556 U. S. 81, 90 (II) (129 SC 1283, 173 LE2d 231) (2009). Consistent with these principles, we [866]

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Bluebook (online)
734 S.E.2d 12, 291 Ga. 863, 2012 Fulton County D. Rep. 3456, 2012 Ga. LEXIS 856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-johnson-ga-2012.