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S11A1909. PHAN v. THE STATE
State: Georgia
Court: Supreme Court
Docket No: S11A1909
Case Date: 02/27/2012
Preview:Final Copy 290 Ga. 588 S11A1909. PHAN v. THE STATE.

HUNSTEIN, Chief Justice. This murder case, in which the State seeks the death penalty, returns to us for a second pre-trial appeal in which we must address the consequences of a financially strained indigent defense system operating within a recession-era State budget. In Phan v. State, 287 Ga. 697 (699 SE2d 9) (2010) ("Phan I"), we vacated a prior trial court order and remanded the case for a more comprehensive analysis as to Appellant Khahn Dinh Phan's claim of a constitutional speedy trial violation, grounded in his assertion of a "systemic breakdown" in the public defender system. The trial court having complied with this directive, Phan now appeals the resulting order in which the trial court denied Phan's speedy trial claim and ordered the replacement of his appointed private attorneys with salaried counsel from the capital defender's division of the Georgia Public Defender Standards Council ("GPDSC").1 For the reasons
The GPDSC is the agency created under the 2003 Georgia Indigent Defense Act to oversee the provision of effective and uniform indigent defense on a statewide basis. See Ga. L. 2003, p. 191,
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