State v. Bazemore, 549 S.E.2d 426 (Ga. Ct. App. 2001). · Go Syfert
State v. Bazemore, 549 S.E.2d 426 (Ga. Ct. App. 2001). Cases Citing This Book View Copy Cite
52 citation events (52 in the last 25 years) across 2 distinct courts.
Strongest positive: STATE OF NEW JERSEY VS. CALIER SAMAD (14-11-1339, MERCER COUNTY AND STATEWIDE) (njsuperctappdiv, 2021-12-03)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 20 distinct citers.
discussed Cited as authority (rule) STATE OF NEW JERSEY VS. CALIER SAMAD (14-11-1339, MERCER COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2021 · confidence medium
See Arrant, 468 F.2d at 682-83 (finding prejudice where, during period of delay, prosecution witness who had recanted and exonerated the defendant disavowed her recantation and then refused to answer questions at trial); State v. Bazemore, 549 S.E.2d 426, 428-29 (Ga. Ct. App. 2001) (stating that a defendant suffered prejudice when his girlfriend, a material witness, broke up with him during the delay, had become hostile to him, and could not be located); but see Brown v. State, 285 So. 3d 671 , 683 (Miss.
examined Cited as authority (rule) State v. Johnson (3×) also: Cited "see"
Ga. Ct. App. · 2013 · confidence medium
Bazemore, supra, 249 Ga. App. at 586-587 (1) (d) (breakup with and ensuing hostility of ex-girlfriend during delay prejudiced Bazemore who intended to call her as witness).
examined Cited as authority (rule) State v. Holly Johnson (3×) also: Cited "see"
Ga. Ct. App. · 2013 · confidence medium
State v. Bazemore, supra 249 Ga. App. at 586-587 (1) (d) (breakup with and ensuing hostility of ex-girlfriend during delay prejudiced Bazemore who intended to call her as witness).
discussed Cited as authority (rule) Simmons v. State
Ga. Ct. App. · 2010 · confidence medium
Andrews, P. J., and Ellington, J., concur. 1 OCGA § 16-8-41 (a). 2 OCGA § 16-5-21 (a) (1). 3 OCGA § 16-5-41 (a). 4 OCGA § 16-11-106 (b) (1). 5 Simmons filed another pro se speedy trial motion in March 2009, after current counsel made an appearance. 6 407 U. S. 514 (92 SC 2182, 33 LE2d 101) (1972). 7 505 U. S. 647 (112 SC 2686, 120 LE2d 520) (1992). 8 (Punctuation and footnotes omitted.) Ruffin v. State, 284 Ga. 52, 55 (2) ( 663 SE2d 189 ) (2008). 9 Hayes v. State, 298 Ga. App. 338, 339 (1) ( 680 SE2d 182 ) (2009). 10 See Boseman v. State, 263 Ga. 730, 732 (1) (a) ( 438 SE2d 626 ) (1994) (a…
discussed Cited as authority (rule) Over v. State
Ga. Ct. App. · 2010 · confidence medium
Unlike the situation in State v. Bazemore, 249 Ga. App. 584, 586 (1) (d) ( 549 SE2d 426 ) (2001), in which we held the trial court did not abuse its discretion in granting the defendant’s motion to dismiss, Over did not lose his only witness due to the development of a hostile relationship.
examined Cited as authority (rule) Davis v. State (3×) also: Cited "see"
Ga. Ct. App. · 2009 · confidence medium
Compare with Frazier, 277 Ga. App. at 883 (d) (holding that evidence of prejudice was not specific because the defendant did not explain how the missing witness’s undisclosed testimony would have helped his defense); Nelloms v. State, 274 Ga. 179, 181 ( 549 SE2d 381 ) (2001) (holding that because the State stipulated to allow argument regarding testimony that would have been supplied by the missing witnesses, prejudice to the defendant from the delay was alleviated). 23 See Bazemore, 249 Ga. App. at 586-587 (1) (d); Yates, 223 Ga. App. at 404 .
discussed Cited as authority (rule) Falagian v. State
Ga. Ct. App. · 2009 · confidence medium
“When a delay is unexplained, it is treated as having been caused by the negligence of the State in bringing the case to trial.” (Citations omitted.) State v. Bazemore, 249 Ga. App. 584, 586 (1) (b) ( 549 SE2d 426 ) (2001); see also Brannen v. State, 274 Ga. 454, 455 ( 553 SE2d 813 ) (2001).
discussed Cited as authority (rule) State v. Reid (2×)
Ga. Ct. App. · 2009 · confidence medium
Bazemore, supra, 249 Ga. App. at 586 (1) (c) (although demand for speedy trial pursuant to OCGA § 17-7-170 was ineffective because it was premature, it nonetheless placed the parties on notice that defendant wanted speedy trial).
discussed Cited as authority (rule) Walker v. State
Ga. Ct. App. · 2007 · confidence medium
See State v. Gerbert, 267 Ga. 169 ( 475 SE2d 621 ) (1996); Shire v. State, 225 Ga. App. 306 ( 483 SE2d 694 ) (1997); Ghai v. State, 219 Ga. App. 479 ( 465 SE2d 498 ) (1995). 4 (Emphasis supplied.) OCGA§ 17-7-170 (a), (b). 5 See Ghai, supra at 480 (“a uniform traffic citation is not entered, within the meaning of OCGA § 17-7-170 (a)[J until it has been duly filed with the clerk of the courts”). 6 See Roberts v. State, 278 Ga. 610, 611 ( 604 SE2d 781 ) (2004). 7 See Ghai, supra; Gerbert, supra at 170 . 8 See OCGA § 5-6-40; Eagles v. State, 269 Ga. App. 462, 465 (2) ( 604 SE2d 294 ) (2004)…
discussed Cited as authority (rule) Smith v. State
Ga. Ct. App. · 2006 · confidence medium
Mikell and Adams, JJ., concur. 1 Short v. State, 234 Ga. App. 633, 634 (1) ( 507 SE2d 514 ) (1998). 2 Webb v. State, 270 Ga. App. 817, 818 (2) ( 608 SE2d 241 ) (2004). 3 Wilkes v. State, 210 Ga. App. 898, 899 (1) ( 437 SE2d 837 ) (1993) (physicalprecedent only). 4 Stevenson v. State, 272 Ga. App. 335, 336 (1) ( 612 SE2d 521 ) (2005). 5 Floyd v. State, 272 Ga. 65, 69 (7) ( 525 SE2d 683 ) (2000). 6 Pless v. State, 279 Ga. App. 798, 800 (2) ( 633 SE2d 340 ) (2006). 7 Croft v. State, 278 Ga. App. 107, 109 (3) ( 628 SE2d 144 ) (2006). 8 Henry v. State, 274 Ga. App. 139, 141-142 (2) ( 616 SE2d 883 )…
cited Cited as authority (rule) Nusser v. State
Ga. Ct. App. · 2005 · confidence medium
Doggett v. United States, 505 U. S. 647, 652 (II), n. 1 (112 SC 2686, 120 LE2d 520) (1992); State v. Bazemore, 249 Ga. App. 584, 585 (1) (a) ( 549 SE2d 426 ) (2001).
discussed Cited as authority (rule) Smith v. State
Ga. Ct. App. · 2004 · confidence medium
We therefore direct the trial court on remand to reach the merits of Smith’s constitutional claims under the analytical framework in State v. Bazemore, 249 Ga. App. 584, 585-587 (1) ( 549 SE2d 426 ) (2001).
discussed Cited as authority (rule) Carraway v. State
Ga. Ct. App. · 2003 · confidence medium
Compare State v. Allgood, 252 Ga. App. 638, 641 ( 556 SE2d 857 ) (2001) (speedy trial rights violated based on length of delay, the lack of reason for delay, and the death of a material witness); State v. Bazemore, 249 Ga. App. 584, 586-587 (1) ( 549 SE2d 426 ) (2001) (speedy trial rights violated based on length of unexplained delays and defense’s inability to mnoto m a+nri o 1 untnoao I See Jernigan v. State, 239 Ga. App. 65, 67 ( 517 SE2d 370 ) (1999).
discussed Cited as authority (rule) State v. Allgood (2×)
Ga. Ct. App. · 2001 · confidence medium
Ruffin and Ellington, JJ., concur. 1 State v. Yates, 223 Ga. App. 403 -404 ( 477 SE2d 670 ) (1996). 2 Id. 3 State v. Bazemore, 249 Ga. App. 584, 585 (1) ( 549 SE2d 426 ) (2001). 4 Id. 5 See id. at 585 (1) (a); Snow v. State, 229 Ga. App. 532, 533 ( 494 SE2d 309 ) (1997). 6 State v. Bazemore, supra at 586 (1) (b). 7 Snow v. State, supra. 8 State v. Yates, supra at 404 (4). 9 Jernigan v. State, 239 Ga. App. 65, 67 ( 517 SE2d 370 ) (1999). 10 See State v. Yates, supra.
discussed Cited "see" State v. Takyi (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See State v. Bazemore, 249 Ga. App. 584, 585-586 (1) ( 549 SE2d 426 ) (2001).
discussed Cited "see" State v. Elizabeth Takyi (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See State v. Bazemore, 249 Ga. App. 584, 585-86 (1) ( 549 SE2d 426 ) (2001).
discussed Cited "see" E. Christopher Sechler v. State (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
See State v. Bazemore, 249 Ga. App. 584, 585 (1) (a) ( 549 SE2d 426 ) (2001) (more than 21- month delay in DUI case was presumptively prejudicial); State v. Yates, 223 Ga. App. 403, 404 (1) ( 477 SE2d 670 ) (1996) (more than 27-month delay in DUI case was presumptively prejudicial).
discussed Cited "see" Sechler v. State (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
See State v. Bazemore, 249 Ga. App. 584, 585 (1) (a) ( 549 SE2d 426 ) (2001) (more than 21-month delay in DUI case was presumptively prejudicial); State v. Yates, 223 Ga. App. 403, 404 (1) ( 477 SE2d 670 ) (1996) (more than 27-month delay in DUI case was presumptively prejudicial).
discussed Cited "see" Shuler v. State (2×)
Ga. Ct. App. · 2003 · signal: see · confidence high
See State v. Bazemore, 249 Ga. App. 584, 586 (1) (c) ( 549 SE2d 426 ) (2001). 3.
discussed Cited "see, e.g." Smith v. State (2×)
Ga. Ct. App. · 2006 · signal: see, e.g. · confidence medium
See, e.g., State v. Bazemore, 249 Ga. App. 584, 586 (1) (d) ( 549 SE2d 426 ) (2001) (“[prejudice is assessed in the light of the defendant’s interests which the speedy trial right was designed to protect: (1) to prevent oppressive pretrial incarceration; (2) to minimize the defendant’s anxiety and concern; and (3) to limit the possibility that the defense will be impaired”).
The State
v.
Bazemore
A01A0243.
Court of Appeals of Georgia.
May 10, 2001.
549 S.E.2d 426
Gwendolyn R. Keyes, Solicitor-General, Donald E. Henderson, Rupal D. Vaishnav, Assistant Solicitors-General, for appellant., Monte K. Davis, for appellee.
Smith, Barnes, Phipps.
Cited by 21 opinions  |  Published
Smith, Presiding Judge.

The State appeals the trial court’s dismissal of the charges against Douglas L. Bazemore after determining that he was denied his constitutional right to a speedy trial. We affirm.

On August 3, 1998, Doraville police officers arrested Bazemore, charging him via three uniform traffic citations with DUI, driving too fast for conditions, and failure to maintain lane. On August 10, 1998, Bazemore filed a demand for jury trial in the Municipal Court of Doraville, and on September 3, Bazemore’s case was transferred to the State Court of DeKalb County. On October 1, 1998, Bazemore filed in the state court a demand for jury trial; he further demanded a trial within the present term or the next term under OCGA § 17-7-170. Although the state court placed Bazemore’s case on the jury trial calendar call of November 16, 1998, the case was not called for trial on that date because the State had not yet drawn an accusation. Thereafter, on December 21, 1998, the State did draw an accusation, alleging the three original charges and filing the three uniform traffic citations in state court.

The case was placed on the February 17,1999 jury calendar, and on February 8, 1999, Bazemore filed a motion for discharge and acquittal under OCGA § 17-7-170, contending that the two-term statutory time limitation had expired. The trial court denied the motion on May 12, 1999, concluding that because Bazemore had filed the demand before the State filed the accusation and the uniform traffic citations, his demand was premature and therefore a nullity. On July 19, 1999, on reconsideration, the trial court again denied Bazemore’s motion.

The record indicates that no further action was taken on[*585] Bazemore’s case for approximately ten months, when the case was placed on the May 23, 2000 trial calendar. On May 23, 2000, Bazemore filed a second motion for discharge and acquittal, this time on constitutional grounds. The trial court granted that motion.

1. The State contends that the trial court erred by granting Bazemore’s motion for discharge and acquittal on constitutional grounds. In Barker v. Wingo, 407 U. S. 514 (92 SC 2182, 33 LE2d 101) (1972), the United States Supreme Court identified four factors for courts to consider in determining whether a defendant has been deprived of the constitutional right to a speedy trial. The factors are: (1) the length of the delay; (2) the reason for the delay; (3) the defendant’s assertion of his right to a speedy trial; and (4) the prejudice to the defendant. Id. at 530. None of these factors alone is necessary or sufficient for a finding of deprivation of the right of speedy trial; rather, courts must engage in a “difficult and sensitive balancing process.” Id. at 533. We review the trial court’s decision under an abuse of discretion standard. State v. Yates, 223 Ga. App. 403, 404 (477 SE2d 670) (1996).

(a) Length of delay. Here, the delay between Bazemore’s arrest and the call of the case for trial was over 21 months, raising a presumption of prejudice and triggering analysis of the other Barker factors to determine whether Bazemore was denied his constitutional right to a speedy trial. See Doggett v. United States, 505 U. S. 647, 652, n. 1 (112 SC 2686, 120 LE2d 520) (1992). As the delay approaches one year, it generally is “ ‘presumptively prejudicial.’ ” Boseman v. State, 263 Ga. 730, 732 (1) (a) (438 SE2d 626) (1994).

(b) Reason for delay. Minor delays were caused by Bazemore’s demands for a jury trial and his motion for discharge and acquittal on statutory grounds. The record does not, however, completely explain the four-month delay between arrest and the filing of the accusation. Further, the record shows that because of an unexplained delay in filing the accusation with the state court, the case was not set for trial during the November 16, 1998 calendar call. The charges against Bazemore were all misdemeanors: DUI, OCGA § 40-6-391 (a) (1), (c); too fast for conditions, OCGA §§ 40-6-180, 40-6-1; failure to maintain lane, OCGA §§ 40-6-48, 40-6-1. A uniform traffic citation may serve as the accusation for the prosecution of a misdemeanor traffic case without the filing of a formal accusation. OCGA § 40-13-1; State v. Gerbert, 267 Ga. 169, 170 (475 SE2d 621) (1996). But the State claims that “[i]t is the routine practice of the DeKalb County Solicitor-General’s Office to file a formal accusation on all cases it prosecutes, including traffic offenses.” In addition, the record indicates that the case was inexplicably dormant for approximately ten months after the denial of the motion for discharge and acquittal[*586] on statutory grounds. [1] When a delay is unexplained, it is treated as having been caused by the negligence of the State in bringing the case to trial. Boseman, supra at 733 (1) (b); Yates, supra at 404. The trial court determined that the delays in this case were caused in part by the State’s negligence and by defense counsel’s earlier motion for acquittal, then weighed this factor in Bazemore’s favor.

(c) Defendant’s assertion of his right to a speedy trial. The trial court found that Bazemore had asserted his right to a speedy trial when he filed a demand for speedy trial pursuant to OCGA § 17-7-170 on October 1, 1998. The trial court stated that although Bazemore filed the demand prematurely, he nonetheless placed all parties on notice that he wanted a speedy trial. Moreover, at the hearing on Bazemore’s motion for discharge and acquittal on constitutional grounds, the State acknowledged that Bazemore was “obviously interested” in a speedy jury trial in that he had filed a speedy trial demand, although prematurely. The trial court weighed this factor in Bazemore’s favor.

(d) Prejudice to defendant. Prejudice is assessed in the light of the defendant’s interests which the speedy trial right was designed to protect: (1) to prevent oppressive pretrial incarceration; (2) to minimize the defendant’s anxiety and concern; and (3) to limit the possibility that the defense will be impaired. Barker, supra at 532. After Bazemore’s arrest, he was bailed out of jail approximately five and a half hours later. However, “even if an accused is not incarcerated prior to trial, he is still disadvantaged by restraints on his liberty and by living under a cloud of anxiety, suspicion, and often hostility. [Cits.]” Id. at 533. Here, there is evidence that the pending case caused Bazemore stress and embarrassment. In considering the prejudice to a defendant, the most important factor is whether the delay resulted in any impairment of the defense. Id. at 532. “If witnesses die or disappear during a delay, the prejudice is obvious.” Id. Bazemore stated at the motion hearing that due to the delay, he has lost a material witness in that he can no longer rely on the testimony of an ex-girlfriend, who had been with him approximately three and a half hours before his arrest and later bailed him out of jail. He stated that his ex-girlfriend could have testified in his defense as to his condition on that evening. He testified that because of a nonamicable breakup with the ex-girlfriend she had become hostile toward him, and he had been unable to locate her since May 1999. The State presented no evidence, although on cross-examination it elicited tes[*587] timony that a friend of Bazemore, who was available to testify, had been in the automobile with Bazemore at the time of the arrest. The trial court ruled that the uncontradicted evidence weighted this factor in Bazemore’s favor.

Decided May 10, 2001. Gwendolyn R. Keyes, Solicitor-General, Donald E. Henderson, Rupal D. Vaishnav, Assistant Solicitors-General, for appellant. Monte K. Davis, for appellee.

Considering the 21-month length of time between the arrest and the scheduled call of the case for trial, the unexplained delays, and prejudice to Bazemore, including impairment of his defense, stress, and embarrassment, we conclude that the trial court did not abuse its discretion in granting Bazemore’s motion for discharge and acquittal for lack of a speedy trial on constitutional grounds.

2. The State also enumerates as “error” that the trial court “correctly denied [Bazemore’s] motion for discharge and acquittal pursuant to OCGA § 17-7-170 because it was filed prematurely.” Although the trial court did deny that motion, that decision is not properly before us, and we do not consider it. See OCGA §§ 5-7-1 (a) (4); 5-6-34 (d).

Judgment affirmed.

Barnes and Phipps, JJ, concur.
1

We note the statements of counsel for Bazemore and the State during the hearing that they did not timely receive the order denying the motion. But as the trial court stated, neither party brought it to the court’s attention when they did not receive the order, notwithstanding that both parties received notice that the order had been entered.