Preview:

Final Copy 288 Ga. 524

S10G0211. THE STATE v. PORTER.

NAHMIAS, Justice. Finding a violation of Stanley Porter's constitutional right to a speedy trial, the trial court granted Porter's motion to dismiss his indictment. The Court of Appeals affirmed, see State v. Porter, 300 Ga. App. 128 (684 SE2d 299) (2009), and we granted certiorari to consider its ruling. For the reasons that follow, we conclude that, because the trial court clearly erred in key factual findings and failed to enter a proper order balancing the relevant legal factors, the Court of Appeals should have vacated the trial court's judgment and remanded for the trial court to exercise its discretion again based on the correct facts and law. Accordingly, we reverse and remand the case to the Court of Appeals for proceedings consistent with this opinion. 1. Porter was arrested on November 12, 2000, for molesting one of his minor children. The State first indicted Porter on December 29, 2000, and then re-indicted him on August 31, 2001, for aggravated child molestation and other

crimes. Porter was released on bond. More than four years later, on November 15, 2005, an arrest warrant was issued for Porter based on new allegations of child molestation against another of his children that occurred while he was on bond. On February 23, 2005, after Porter failed to appear in court regarding the 2001 indictment, the trial court issued a bench warrant. Porter remained a fugitive until his arrest in April 2006. In May 2006, he was indicted on the new charges of child molestation. In July and November 2007, Porter, while represented by counsel, filed pro se demands for trial on the 2001 indictment. The trial court scheduled both indictments for trial on December 9, 2008, and again on December 16, but the trial dates were continued at defense counsel's request. On January 15, 2009, Porter filed motions to dismiss both indictments for violation of his constitutional right to a speedy trial under the United States and Georgia Constitutions. On January 21, 2009, the trial court held a single hearing on the two motions. On January 27, 2009, the trial court denied the motion to dismiss the 2006 indictment; Porter did not appeal that order. Two weeks later, the court granted the motion to dismiss the 2001 indictment; the State appealed that order. The Court of Appeals affirmed, and we granted certiorari to review that decision. 2

2. (a) The Constitutional Framework The basic framework for deciding speedy trial claims under the federal and state constitutions is well settled. See Barker v. Wingo, 407 U. S. 514 (92 SC 2182, 33 LE2d 101) (1972). See also Doggett v. United States, 505 U. S. 647, 651 (112 SC 2686, 120 LE2d 520) (1992); Ruffin v. State, 284 Ga. 52, 55 (663 SE2d 189) (2008). The first inquiry is "whether the interval from the accused's arrest, indictment, or other formal accusation to the trial is sufficiently long to be considered `presumptively prejudicial.' If not, the speedy trial claim fails at the threshold." Ruffin, 284 Ga. at 55. If this threshold is passed, the trial court must balance four factors: "[1] whether 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 his right to a speedy trial, and [4] whether he suffered prejudice as the delay's result." Doggett, 505 U. S. at 651. The four factors "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 3

"necessarily compels them to approach speedy trial cases on an ad hoc basis." Ruffin, 284 Ga. at 56 (citations omitted). The trial court's weighing of each factor and its balancing of all four factors

Download S10G0211. THE STATE v. PORTER.pdf

Georgia Law