delay raises presumption (Georgia) · Go Syfert
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delay raises presumption in Georgia

7 Georgia opinions name it 2 courts 2012–2020 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.

Followed or applied (6)

CaseFollowedCited
Doggett v. United Statesgreen
scotus · 1992 · cited in 4 Georgia opinions naming this issue, 2012–2014
2 sentences

2014When a delay raises a presumption of prejudice, a court then must consider “whether [the] delay before trial was uncommonly *157 long, whether the government or the criminal defendant is more to blame for that delay, whether, in due course, the defendant asserted his right to a speedy trial, and whether he suffered prejudice as the delay’s result.” Doggett, 505 U. S. at 651 (II).

2013When a delay raises a presumption of prejudice, and a more searching inquiry is warranted, a court must consider “whether [the] delay before trial was uncommonly long, whether the government or the criminal defendant is more to blame for that delay, whether, in due course, the defendant asserted his right to a speedy trial, and whether he suffered prejudice as the delay’s result.” Doggett, 505 U. S. at 651 (II); see also Barker, 407 U. S. at 530-533 (IV); Johnson, 291 Ga. at 864 (2); Pickett, 288 Ga. at 675 (2) (a).

44
State v. Pickettgreen
ga · 2011 · cited in 4 Georgia opinions naming this issue, 2012–2014
2 sentences

2013When a delay raises a presumption of prejudice, and a more searching inquiry is warranted, a court must consider “whether [the] delay before trial was uncommonly long, whether the government or the criminal defendant is more to blame for that delay, whether, in due course, the defendant asserted his right to a speedy trial, and whether he suffered prejudice as the delay’s result.” Doggett, 505 U. S. at 651 (II); see also Barker, 407 U. S. at 530-533 (IV); Johnson, 291 Ga. at 864 (2); Pickett, 288 Ga. at 675 (2) (a).

2012When a delay raises a presumption of prejudice, and a more searching inquiry is warranted, a court must consider “whether [the] delay before trial was uncommonly long, whether the government or the criminal defendant is more to blame for that delay, whether, in due course, the defendant asserted his right to a speedy trial, and whether he suffered prejudice as the delay’s result.” Doggett, 505 U. S. at 651 (II); see also Barker, 407 U. S. at 530-533 (IV); Pickett, 288 Ga. at 675 (2) (a).

44
Barker v. Wingogreen
scotus · 1972 · cited in 4 Georgia opinions naming this issue, 2012–2014
2 sentences

2013When a delay raises a presumption of prejudice, and a more searching inquiry is warranted, a court must consider “whether [the] delay before trial was uncommonly long, whether the government or the criminal defendant is more to blame for that delay, whether, in due course, the defendant asserted his right to a speedy trial, and whether he suffered prejudice as the delay’s result.” Doggett, 505 U. S. at 651 (II); see also Barker, 407 U. S. at 530-533 (IV); Johnson, 291 Ga. at 864 (2); Pickett, 288 Ga. at 675 (2) (a).

2012When a delay raises a presumption of prejudice, and a more searching inquiry is warranted, a court must consider “whether [the] delay before trial was uncommonly long, whether the government or the criminal defendant is more to blame for that delay, whether, in due course, the defendant asserted his right to a speedy trial, and whether he suffered prejudice as the delay’s result.” Doggett, 505 U. S. at 651 (II); see also Barker, 407 U. S. at 530-533 (IV); Pickett, 288 Ga. at 675 (2) (a).

44
State v. Bucknergreen
ga · 2013 · cited in 3 Georgia opinions naming this issue, 2014–2020
2 sentences

2020Four-factor balancing test. 5 “When a delay raises a presumption of prejudice, and a more searching inquiry is warranted, a court must consider [the four factors of the Barker-Doggett balancing test].” Buckner, supra at 393 (3) (citations omitted). (a) Length of the delay.

2017"When a delay raises a presumption of prejudice, and a more searching inquiry is warranted, a court must consider [the four factors of the Barker - Doggett balancing test]." Buckner , supra at 393 (3), 738 S.E.2d 65 . (a) Length of the delay.

23
Ruffin v. Stategreen
ga · 2008 · cited in 2 Georgia opinions naming this issue, 2013–2014
2 sentences

2014See Ruffin v. State, 284 Ga. 52, 55 (2) (a) ( 663 SE2d 189 ) (2008). 2.

2014See Ruffin v. State, 284 Ga. 52, 55 (2) (a) ( 663 SE2d 189 ) (2008). 2.

22
State v. Johnsongreen
ga · 2012 · cited in 2 Georgia opinions naming this issue, 2013–2014
2 sentences

2014See also Barker, 407 U. S. at 530-533 (IV); Buckner, 292 Ga. at 393 (3); Johnson, 291 Ga. at 864 (2); Pickett, 288 Ga. at 675 (2) (a).

2013When a delay raises a presumption of prejudice, and a more searching inquiry is warranted, a court must consider “whether [the] delay before trial was uncommonly long, whether the government or the criminal defendant is more to blame for that delay, whether, in due course, the defendant asserted his right to a speedy trial, and whether he suffered prejudice as the delay’s result.” Doggett, 505 U. S. at 651 (II); see also Barker, 407 U. S. at 530-533 (IV); Johnson, 291 Ga. at 864 (2); Pickett, 288 Ga. at 675 (2) (a).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Higgenbottom v. State green
ga · 2011
1 sentence

2014Id. (a) Threshold Inquiry.

12014–2014

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