"[A]s noted by the State, the state court similarly failed to address whether either of those delays should be weighed against either party. And as also noted by the State, the state court neither identified the weight to be assigned to those delays nor made any factual findings in support thereof. Absent the required findings on these issues, we must vacate the state court's order and remand the case for the state court to complete the necessary analysis," Appellate Judge Herbert E. Phipps wrote in the opinion.
July 22, 2022 at 02:43 PM
6 minute read
The Court of Appeals of Georgia has vacated and remanded a ruling in favor of a criminal defendant this week, after claims that his rights to a speedy trial were violated resulted in a dismissal by a lower state court.
Finding the state court’s analysis was incomplete in finding the defendant’s speedy trial rights were violated, the Court of Appeals of Georgia remanded the case to the trial court to properly weigh all of the Barker-Doggett factors.
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