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Jernigan v. State5/11/1999
In the Court of Appeals of Georgia
Ru-003C
Janet Jernigan appeals the trial court's denial of her motion to dismiss for violation of her right to a speedy trial. Jernigan contends that the delay of over seventeen months between her arrest for driving under the influence and her trial for this offense deprived her of her right to a speedy trial as guaranteed by both the Sixth Amendment of the United States Constitution and the Constitution of the State of Georgia. For reasons discussed below, we affirm the trial court's denial of Jernigan's motion.
Jernigan admittedly did not file a statutory demand for speedy trial pursuant to OCGA § 17-7-170. Accordingly, we must analyze her claim of constitutional violation under the framework set forth in Barker v. Wingo, 407 U. S. 514 (92 SC 2182, 33 LE2d 101) (1972). Snow v. State, 229 Ga. App. 532, 532-533 (494 SE2d 309) (1997). Under Barker, four factors must be analyzed in determining whether a defendant's constitutional rights to speedy trial have been violated, including: (1) the length of the delay; (2) the reason for the delay; (3) the defendant's assertion of her right; and (4) the prejudice to the defendant. Jackson v. State, 231 Ga. App. 187, 188 (2) (498 SE2d 780) (1998). Courts must undertake a balancing process in weighing these factors. Snow, supra. "Absent an abuse of discretion, the decision of the trial court must be affirmed." Id.
We look first to the seventeen month delay. "Mere passage of time, standing alone, does not compel a finding of denial of due process." Obiozor v. State, 213 Ga. App. 523, 524 (2) (b) (445 SE2d 553) (1994). Nevertheless, we find that the delay of seventeen months raises a threshold presumption of prejudice. Johnson v. State, 268 Ga. 416, 417 (2) (490 SE2d 91) (1997); Chambers v. State, 213 Ga. App. 414, 415 (1) (a) (444 SE2d 820) (1994). This presumption of prejudice triggers the inquiry into the remaining factors set forth in Barker. Johnson, supra.
The reasons for the delay are myriad. Jernigan was arrested for driving under the influence on December 2, 1995. Following Jernigan's demand for jury trial, a trial was scheduled for March 26, 1996. On this date, the State indicated it needed additional time to follow up on Jernigan's blood test. There is no indication in the record that Jernigan opposed this continuance. Accordingly, the trial court rescheduled the trial for April 29, 1996.
On April 29, Jernigan's attorney, Billy Spruell, was not present in court and another attorney requested a continuance on behalf of Jernigan. The trial court rescheduled the trial for May 15, 1996. On May 15, Jernigan announced ready for trial, but the State requested a continuance. Jernigan did not object to the continuance and the trial court rescheduled the trial for May 29, 1996. On May 29, Jernigan requested another continuance because Spruell had a conflict. The trial court rescheduled the trial for August 29, 1996.
On August 28, 1996, Spruell appeared in court and announced ready for trial. The State contended that the trial actually was scheduled for August 29, 1996. It is apparent from the record that there was some confusion regarding the matter, although the exact nature of this confusion is not clear. Accordingly, the trial court rescheduled the trial for October 16, 1996.
On October 16, the State requested a continuance because its witnesses, who had testified at an earlier trial, had left. Although Spruell objected to this continuance, his client was not in court at the time and, thus, it is unclear whether he would have been able to proceed with the trial.
The trial court reset the matter for November 1, 1996. How
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