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Jernigan v. State5/11/1999
ified that she was visibly intoxicated. The arresting officer testified that Jernigan "had a hard time walking" and that she almost fell while attempting to sit down in the patrol car. The officer who first saw Jernigan and Michael Jernigan walking together towards their car testified that Michael Jernigan also was intoxicated to the point that he could not insert his car key into the door.
Jernigan moved the trial court to compel Michael Jernigan's attendance, claiming that his testimony was material to her defense. The trial court denied Jernigan's motion, finding that Jernigan failed to prove that the witness' testimony was material. Jernigan did not appeal this ruling.
Pretermitting whether Jernigan is bound by the trial court's determination that Michael Jernigan's testimony was not material, we find that the trial court did not abuse its discretion in concluding that Jernigan was not prejudiced by his absence. Given the evidence of Michael Jernigan's own intoxication, the trial court could conclude that his testimony regarding how much Jernigan had to drink would not have assisted her case. "There must be more than a mere claim of prejudice; it must be shown, and this the accused did not do." (Punctuation omitted.) Heinen, supra at 375-376.
We must keep in mind that juxtaposed against the defendant's right to a speedy trial is society's corresponding right to try the defendant. Collingsworth, supra. Balancing all four factors of Barker, we conclude that the seventeen month delay in this case did not violate Jernigan's constitutional right to a speedy trial. Id.; Daughenbaugh, supra; Jackson, supra. Accordingly, the trial court did not abuse its discretion in denying her motion to dismiss.
Judgment affirmed. McMurray, P. J., and Andrews, J., concur.
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