Cluster 2687330

See also Jenkins v. State, 294 Ga. 506, 513 (2) (c) ( 755 SE2d 138 ) (2014) (“This test compels the examining court to consider and weigh all four factors in the context of the particular circumstances of the case at issue.”) “This second part of the speedy-trial analysis requires courts to engage in a difficult and sensitive balancing process and necessarily compels them to approach speedy-trial cases on an ad hoc basis.” Redding, 313 Ga. at 732 (2) (Citation and punctuatio…

Specifically, the court 29 Id. (punctuation omitted). 30 407 U.S. 514 ( 92 SCt 2182 , 33 LE2d 101) (1972). 31 Goins v. State, 306 Ga. 55, 57 (2) (b) ( 829 SE2d 89 ) (2019); accord Redding v. State, 309 Ga. 124, 129 (2) ( 844 SE2d 725 ) (2020); State v. Adams, 364 Ga. App. 864 , 866 (1) ( 876 SE2d 719 ) (2022); see Jenkins v. State, 294 Ga. 506, 510 (2) (a) ( 755 SE2d 138 ) (2014) (“In general, a delay of one year in prosecuting a crime is considered to be delay which is pres…

See Jenkins v. State, 294 Ga. 506, 513 (2) (c) (755 SE2d 138) (2014) (“This test compels the examining court to consider and weigh all four factors in the context of the particular circumstances of the case at issue.”); State v. Johnson, 291 Ga. 863, 865-866 (2) (b) (734 SE2d 12) (2012) (regarding weights, “[a] deliberate attempt to delay the trial in order to hamper the defense should be weighted heavily against the government, whereas an unintentional delay, such as that o…

See Betterman, 578 U.S. at 439 (“We hold that the [Sixth Amendment speedy trial] guarantee protects the accused from arrest or indictment through trial, but does not apply once a defendant has been found guilty at trial or has pleaded guilty to criminal charges.”); Jenkins v. State, 294 Ga. 506, 510 (755 SE2d 138) (2014) (rejecting argument that 20 because of Brady violations at the defendant’s first trial, the length of the delay should be measured from the date of the defe…

Based on the attorney’s testimony, the superior court made an explicit finding that Massengille did not meet his burden to show that the city attorney had actual knowledge of all the facts supporting the superior court charges, and we discern no clear error.9 It was for the superior court to 8 He stated that sometimes he would receive citations without a police report, particularly in a guilty plea situation. 9 See Jenkins v. State, 294 Ga. 506, 508 (1) ( 755 SE2d 138 ) (201…

The double jeopardy clauses of both constitutions afford a defendant protection from three government abuses: “a second prosecution for the same offense after acquittal, a second prosecution for the same offense after conviction, and multiple punishments for the same offense.” Jenkins v. State, 294 Ga. 506, 508 (1) ( 755 SE2d 138 ) (2014) (quoting Williams v. State, 288 Ga. 7, 8 (2) ( 700 SE2d 564 ) (2010)); see also Ohio v. Johnson, 467 U.S. 493, 498 ( 104 SCt 2536 , 81 LE2…

Jenkins , 294 Ga. at 510 (2) (a), 755 S.E.2d 138 (citation omitted).

Miller, P. J., and Reese, J., concur. 1 OCGA § 40-6-395 (a). 2 OCGA § 16-10-24 (a). 3 OCGA § 40-6-390 (a). 4 OCGA § 40-6-181 (b) (5). 5 Jenkins v. State, 294 Ga. 506, 508 (1) ( 755 SE2d 138 ) (2014). 6 Subsection (c) provides: “When two or more crimes are charged as requiredby subsection (b) of this Code section, the court in the interest of justice may order that one or more of such charges be tried separately.” 7 (Punctuation and emphasis omitted.) State v. Hill, 333 Ga.Ap…

Jenkins v. State, 294 Ga. 506, 510 (2) ( 755 SE2d 138 ) (2014).

Delay caused by the pursuit of legitimate motions is “relatively benign.” Jenkins v. State, 294 Ga. 506, 512 (2) (b) (2) (iii) ( 755 SE2d 138 ) (2014).

See State v. Alexander, 295 Ga. 154, 160 (2) (d) ( 758 SE2d 289 ) (2014); Jenkins v. State, 294 Ga. 506, 512-513 (2) (b) (4) ( 755 SE2d 138 ) (2014).

See State v. Alexander, 295 Ga. 154, 160 (2) (d) ( 758 SE2d 289 ) (2014); Jenkins v. State, 294 Ga. 506, 512-513 (2) (b) (4) ( 755 SE2d 138 ) (2014).

However, “no one [Barker] factor is either necessary or sufficient to sustain a speedy trial claim.” Jenkins v. State, 294 Ga. 506, 510 (2) ( 755 SE2d 138 ) (2014).

However, “no one [Barker] factor is either necessary or sufficient to sustain a speedy trial claim.” Jenkins v. State, 294 Ga. 506, 510 (2) ( 755 SE2d 138 ) (2014).

Because 28 See Jenkins v. State, 294 Ga. 506, 513 (2) (b) (c) ( 755 SE2d 138 ) (2014). 29 (Emphasis supplied.). 30 Ross v. State, 313 Ga. App. 695, 698 (1) (d) ( 722 SE2d 411 ) (2012). 11 [Taylor] received timely notice of the [S]tate’s intention to seek recidivist punishment, no error has been shown.”31 5.

See Jenkins v. State, 294 Ga. 506, 513 (2) (c) (755 SE2d 138) (2014).

See Jenkins v. State, 294 Ga. 506, 509 (755 SE2d 138) (2014) (stating general rule that the grant of a new trial on a ground other than insufficiency of the evidence does not preclude retrial).

See Jenkins v. State, 294 Ga. 506, 508 (1) ( 755 SE2d 138 ) (2014).

See Jenkins v. State, 294 Ga. 506, 512 (2) (b) (2) (iii) ( 755 SE2d 138 ) (2014) (delay caused by protracted plea negotiations is neutral).

See Jenkins v. State, 294 Ga. 506, 508 (1) ( 755 SE2d 138 ) (2014).

See Jenkins v. State, 294 Ga. 506, 508 (1) ( 755 SE2d 138 ) (2014).

See Jenkins v. State, 294 Ga. 506, 513 (2) (c) ( 755 SE2d 138 ) (2014); Boseman, supra, 263 Ga. at 734 (1) (e).

See Jenkins v. State, 294 Ga. 506, 509 ( 755 SE2d 138 ) (2014). (b) Here, when defense counsel told the jury that Appellant was “very cooperative with the police” during an hours-long interview, the prosecutor promptly objected on the ground that this statement referenced evidence that was subject to a motion in limine, and the trial court held a bench conference to 16 discuss the matter.

See Jenkins v. State, 294 Ga. 506, 509 ( 755 SE2d 138 ) (2014). (b) Here, when defense counsel told the jury that Appellant was “very cooperative with the police” during an hours-long interview, the prosecutor promptly objected on the ground that this statement referenced evidence that was subject to a motion in limine, and the trial court held a bench conference to discuss the matter.

See Jenkins v. State, 294 Ga. 506, 513 (2) (c) ( 755 SE2d 138 ) (2014).

See, e.g., Jenkins v. State, 294 Ga. 506, 511 (2) (b) ( 755 SE2d 138 ) (2014) (trial court assessed reasons for delay for three time periods).