Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
32 Georgia opinions name it 2 courts 1975–2011 0 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Heinen v. Stategreen2 sentences1991Defendant’s motion to dismiss was also brought on the ground that she was denied her right to a speedy trial afforded by the Sixth Amendment to the United States Constitution. “ ‘In Barker v. Wingo, 407 U. S. 514 (92 SC 2182, 33 LE2d 101) (1972), the Supreme Court of the United States identified four factors to be considered by a court in determining whether an accused’s constitutional right to a speedy trial had been violated: ... (a) (t)he length of the delay, (b) the reason for the delay, (c) the defendant’s assertion of his right, and (d) the prejudice to the defendant.’ ” Heinen v. State, 1991Defendant’s motion to dismiss was also brought on the ground that she was denied her right to a speedy trial afforded by the Sixth Amendment to the United States Constitution. “ ‘In Barker v. Wingo, 407 U. S. 514 (92 SC 2182, 33 LE2d 101) (1972), the Supreme Court of the United States identified four factors to be considered by a court in determining whether an accused’s constitutional right to a speedy trial had been violated: ... (a) (t)he length of the delay, (b) the reason for the delay, (c) the defendant’s assertion of his right, and (d) the prejudice to the defendant.’ ” Heinen v. State, | 4 | 4 |
Barker v. Wingogreen2 sentences2011“However, where, as in this case, the trial court has clearly erred in some of its findings of fact and/or has misapplied the law to some degree, the deference owed the trial court’s ultimate ruling is diminished.” (Citations and punctuation omitted.) State v. Moses, 301 Ga. App. 315, 316 ( 692 SE2d 1 ) (2009). *236 In Barker v. Wingo, 407 U. S. 514 (92 SC 2182, 33 LE2d 101) (1972), the Supreme Court of the United States identified four factors to be considered by a court in determining whether an accused’s constitutional right to a speedy trial had been violated!:] (a) the length of the delay 2011“However, where, as in this case, the trial court has clearly erred in some of its findings of fact and/or has misapplied the law to some degree, the deference owed the trial court’s ultimate ruling is diminished.” (Citations and punctuation omitted.) State v. Moses, 301 Ga. App. 315, 316 ( 692 SE2d 1 ) (2009). *236 In Barker v. Wingo, 407 U. S. 514 (92 SC 2182, 33 LE2d 101) (1972), the Supreme Court of the United States identified four factors to be considered by a court in determining whether an accused’s constitutional right to a speedy trial had been violated!:] (a) the length of the delay | 3 | 32 |
Washington v. Stategreen2 sentences1994The Supreme Court further stated that it regarded none of the factors as either a necessary or sufficient condition to a finding of a deprivation of the right of speedy trial but rather that the factors should be considered together in a balancing test of the conduct of the prosecution and the defendant. *732 Washington v. State, 243 Ga. 329, 330 (1) ( 253 SE2d 719 ) (1979). 1994The Supreme Court further stated that it regarded none of the factors as either a necessary or sufficient condition to a finding of a deprivation of the right of speedy trial but rather that the factors should be considered together in a balancing test of the conduct of the prosecution and the defendant. *732 Washington v. State, 243 Ga. 329, 330 (1) ( 253 SE2d 719 ) (1979). | 3 | 3 |
State v. Reddinggreen2 sentences2010The Supreme Court further stated that it regarded none of the factors as either a necessary or sufficient condition to a finding of a deprivation of the right of speedy trial but rather that the factors should be considered together in a balancing test of the conduct of the prosecution and the defendant. [Cit.] State v. Redding, 274 Ga. 831, 831-832 , 561 S.E.2d 79 (2002). 2010The Supreme Court further stated that it regarded none of the factors as either a necessary or sufficient condition to a finding of a deprivation of the right of speedy trial but rather that the factors should be considered together in a balancing test of the conduct of the prosecution and the defendant. [Cit.] State v. Redding, 274 Ga. 831, 831-832 , 561 S.E.2d 79 (2002). | 1 | 2 |
Treadwell v. Stategreen2 sentences1975In Treadwell v. State, 233 Ga. 468 ( 211 SE2d 760 ), this court examined Barker v. Wingo, 407 U. S. 514 (92 SC 2182, 33 LE2d 101), where the Supreme Court of the United States identified four factors which it stated a court should weigh in deciding speedy trial questions, as follows: (1) length of delay, (2) reason for the delay, (3) defendant’s assertion of his right, and (4) prejudice to the defendant. 1975In Treadwell v. State, 233 Ga. 468 ( 211 SE2d 760 ), this court examined Barker v. Wingo, 407 U. S. 514 (92 SC 2182, 33 LE2d 101), where the Supreme Court of the United States identified four factors which it stated a court should weigh in deciding speedy trial questions, as follows: (1) length of delay, (2) reason for the delay, (3) defendant’s assertion of his right, and (4) prejudice to the defendant. | 1 | 2 |
State v. Mosesgreen2 sentences2011“However, where, as in this case, the trial court has clearly erred in some of its findings of fact and/or has misapplied the law to some degree, the deference owed the trial court’s ultimate ruling is diminished.” (Citations and punctuation omitted.) State v. Moses, 301 Ga. App. 315, 316 ( 692 SE2d 1 ) (2009). *236 In Barker v. Wingo, 407 U. S. 514 (92 SC 2182, 33 LE2d 101) (1972), the Supreme Court of the United States identified four factors to be considered by a court in determining whether an accused’s constitutional right to a speedy trial had been violated!:] (a) the length of the delay 2011“However, where, as in this case, the trial court has clearly erred in some of its findings of fact and/or has misapplied the law to some degree, the deference owed the trial court’s ultimate ruling is diminished.” (Citations and punctuation omitted.) State v. Moses, 301 Ga. App. 315, 316 ( 692 SE2d 1 ) (2009). *236 In Barker v. Wingo, 407 U. S. 514 (92 SC 2182, 33 LE2d 101) (1972), the Supreme Court of the United States identified four factors to be considered by a court in determining whether an accused’s constitutional right to a speedy trial had been violated!:] (a) the length of the delay | 1 | 1 |
Fleming v. Stategreen2 sentences1994Fleming v. State, 240 Ga. 142, 144 ( 240 SE2d 37 ) (1977). 1 “In Barker v. Wingo, 407 U. S. 514 (92 SC 2182, 33 LE2d 101) (1972), the Supreme Court of the United States identified four factors to be considered by a court in determining whether an accused’s constitutional right to a speedy trial had been violated: ... (a) the length of the delay, (b) the reason for the delay, (c) the defendant’s assertion of his right, and (d) the prejudice to the defendant. . . . 1994Fleming v. State, 240 Ga. 142, 144 ( 240 SE2d 37 ) (1977). 1 “In Barker v. Wingo, 407 U. S. 514 (92 SC 2182, 33 LE2d 101) (1972), the Supreme Court of the United States identified four factors to be considered by a court in determining whether an accused’s constitutional right to a speedy trial had been violated: ... (a) the length of the delay, (b) the reason for the delay, (c) the defendant’s assertion of his right, and (d) the prejudice to the defendant. . . . | 1 | 1 |
Lynott v. Stategreen2 sentences1993These four factors are: (1) length of delay, (2) the reason for the delay, (3) the defendant’s assertion of his right, and (4) prejudice to the defendant.’ ” See Lynott v. State, 198 Ga. App. 688, 691 (8) ( 402 SE2d 747 ) (1991); State v. Weeks, 136 Ga. App. 637 (2) ( 222 SE2d 117 ) (1975). 1993These four factors are: (1) length of delay, (2) the reason for the delay, (3) the defendant’s assertion of his right, and (4) prejudice to the defendant.’ ” See Lynott v. State, 198 Ga. App. 688, 691 (8) ( 402 SE2d 747 ) (1991); State v. Weeks, 136 Ga. App. 637 (2) ( 222 SE2d 117 ) (1975). | 1 | 1 |
Ould v. Stategreen2 sentences1990The Supreme Court further stated that it regarded none of the factors as either a necessary or sufficient condition to a finding of a deprivation of the right of speedy trial but rather that the factors should be considered together in a balancing test of the conduct of the prosecution and the defendant.” [Cit.] As to the prejudice factor there are “three interests which the speedy trial right was designed to protect, the last being the most important: (a) to prevent oppressive pre-trial incarceration; (b) to minimize anxiety and concern of the accused; and (c) to limit the possibility that th 1990The Supreme Court further stated that it regarded none of the factors as either a necessary or sufficient condition to a finding of a deprivation of the right of speedy trial but rather that the factors should be considered together in a balancing test of the conduct of the prosecution and the defendant.” [Cit.] As to the prejudice factor there are “three interests which the speedy trial right was designed to protect, the last being the most important: (a) to prevent oppressive pre-trial incarceration; (b) to minimize anxiety and concern of the accused; and (c) to limit the possibility that th | 1 | 1 |
Haisman v. Stategreen2 sentences1990Nevertheless, despite these citations, in the instant case, appellee “ha[d] a sixth amendment right to a speedy trial which attached at arrest. . . .” Haisman v. State, 242 Ga. 896, 898 (2) ( 252 SE2d 397 ) (1979). “ ‘In Barker v. Wingo, 407 U. S. 514 (92 SC 2182, 33 LE2d 101) (1972), the Supreme Court of the United States identified four factors to be considered by a court in determining whether an accused’s constitutional right to a speedy trial had been violated: .... (a) (t)he length of the delay, (b) the reason for the delay, (c) the defendant’s assertion of his right, and (d) the prejudi 1990Nevertheless, despite these citations, in the instant case, appellee “ha[d] a sixth amendment right to a speedy trial which attached at arrest. . . .” Haisman v. State, 242 Ga. 896, 898 (2) ( 252 SE2d 397 ) (1979). “ ‘In Barker v. Wingo, 407 U. S. 514 (92 SC 2182, 33 LE2d 101) (1972), the Supreme Court of the United States identified four factors to be considered by a court in determining whether an accused’s constitutional right to a speedy trial had been violated: .... (a) (t)he length of the delay, (b) the reason for the delay, (c) the defendant’s assertion of his right, and (d) the prejudi | 1 | 1 |
Crapse v. Stategreen2 sentences1989See Crapse v. State, 180 Ga. App. 321 (1) (b) (n.1) ( 349 SE2d 190 ) (1986). “ ‘In Barker v. Wingo, 407 U. S. 514 (92 SC 2182, 33 LE2d 101) (1972), the Supreme Court of the United States identified four factors to be considered by a court in determining whether an accused’s constitutional right to a speedy trial had been violated: ... (a) (t)he length of the delay, (b) the reason for the delay, (c) the defendant’s assertion of his right, and (d) the prejudice to the defendant . . . . 1989See Crapse v. State, 180 Ga. App. 321 (1) (b) (n.1) ( 349 SE2d 190 ) (1986). “ ‘In Barker v. Wingo, 407 U. S. 514 (92 SC 2182, 33 LE2d 101) (1972), the Supreme Court of the United States identified four factors to be considered by a court in determining whether an accused’s constitutional right to a speedy trial had been violated: ... (a) (t)he length of the delay, (b) the reason for the delay, (c) the defendant’s assertion of his right, and (d) the prejudice to the defendant . . . . | 1 | 1 |
State v. Fieldsgreen2 sentences1989The Supreme Court further stated that it regarded none of the factors as either a necessary or sufficient condition to a finding of a deprivation of the right of speedy trial but rather that the factors should be considered together in a balancing test of the conduct of the prosecution and the defendant.’ [Cit.] As to the prejudice factor there are ‘three interests which the speedy trial right was designed to protect, the last being the most important: (a) to prevent oppressive pre-trial incarceration; (b) to minimize anxiety and concern of the accused; and (c) to limit the possibility that th 1989The Supreme Court further stated that it regarded none of the factors as either a necessary or sufficient condition to a finding of a deprivation of the right of speedy trial but rather that the factors should be considered together in a balancing test of the conduct of the prosecution and the defendant.’ [Cit.] As to the prejudice factor there are ‘three interests which the speedy trial right was designed to protect, the last being the most important: (a) to prevent oppressive pre-trial incarceration; (b) to minimize anxiety and concern of the accused; and (c) to limit the possibility that th | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Weeks
green
2 sentences1993These four factors are: (1) length of delay, (2) the reason for the delay, (3) the defendant’s assertion of his right, and (4) prejudice to the defendant.’ ” See Lynott v. State, 198 Ga. App. 688, 691 (8) ( 402 SE2d 747 ) (1991); State v. Weeks, 136 Ga. App. 637 (2) ( 222 SE2d 117 ) (1975). 1993These four factors are: (1) length of delay, (2) the reason for the delay, (3) the defendant’s assertion of his right, and (4) prejudice to the defendant.’ ” See Lynott v. State, 198 Ga. App. 688, 691 (8) ( 402 SE2d 747 ) (1991); State v. Weeks, 136 Ga. App. 637 (2) ( 222 SE2d 117 ) (1975). | 2 | 1991–1993 |
Roundtree v. State
green
2 sentences1990The Supreme Court further stated that it regarded none of the factors as either a necessary or sufficient condition to a finding of a deprivation of the right of speedy trial but rather that the factors should be considered together in a balancing test of the conduct of the prosecution and the defendant.” [Cit.] As to the prejudice factor there are “three interests which the speedy trial right was designed to protect, the last being the most important: (a) to prevent oppressive pre-trial incarceration; (b) to minimize anxiety and concern of the accused; and (c) to limit the possibility that th 1990The Supreme Court further stated that it regarded none of the factors as either a necessary or sufficient condition to a finding of a deprivation of the right of speedy trial but rather that the factors should be considered together in a balancing test of the conduct of the prosecution and the defendant.” [Cit.] As to the prejudice factor there are “three interests which the speedy trial right was designed to protect, the last being the most important: (a) to prevent oppressive pre-trial incarceration; (b) to minimize anxiety and concern of the accused; and (c) to limit the possibility that th | 1 | 1990–1990 |
Hughes v. State
green
2 sentences1975Cf. Hughes v. State, 228 Ga. 593 (1) ( 187 SE2d 135 ). 1975Cf. Hughes v. State, 228 Ga. 593 (1) ( 187 SE2d 135 ). | 1 | 1975–1975 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.