Hassel v. State, 672 S.E.2d 627 (Ga. 2009). · Go Syfert
Hassel v. State, 672 S.E.2d 627 (Ga. 2009). Cases Citing This Book View Copy Cite
31 citation events (31 in the last 25 years) across 2 distinct courts.
Strongest positive: McCullum v. State (ga, 2024-03-05)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 13 distinct citers.
discussed Cited as authority (rule) McCullum v. State (2×)
Ga. · 2024 · confidence medium
Accord Wilkie v. State, 290 Ga. 450, 452 ( 721 SE2d 830 ) (2012); Sweatman, 287 Ga. at 875 (4); Hassel v. State, 284 Ga. 861, 862 (b) ( 672 SE2d 627 ) (2009). (c) The Assertion of the Right to a Speedy Trial The trial court found that McCullum failed to raise the speedy trial issue until more than two years after his indictment and weighed this factor “against Defendant, but not heavily.” Neither party asserts that the trial court abused its discretion in so ruling, 28 and we see no abuse of discretion either.
discussed Cited as authority (rule) Carder v. State
Ga. Ct. App. · 2011 · confidence medium
Hassel v. State, 284 Ga. 861, 863-864 (d) ( 672 SE2d 627 ) (2009); Christian v. State, 281 Ga. 474, 478 (2) ( 640 SE2d 21 ) (2007); Weems, 310 Ga. App. at 596 (2) (e); Ferguson, 303 Ga. App. at 346 (2) (e).
cited Cited as authority (rule) Meder v. State
Ga. Ct. App. · 2010 · confidence medium
Hassel v. State, 284 Ga. 861, 862 ( 672 SE2d 627 ) (2009).
discussed Cited as authority (rule) Ogletree v. State (2×)
Ga. Ct. App. · 2010 · confidence medium
Hassel v. State, 284 Ga. 861, 862 ( 672 SE2d 627 ) (2009). (a) Length of delay.
discussed Cited as authority (rule) Ditman v. State
Ga. Ct. App. · 2009 · confidence medium
Callaway v. State, 275 Ga. 332, 333 ( 567 SE2d 13 ) (2002). 6 Disharoon v. State, 288 Ga. App. 1, 3 (1) ( 652 SE2d 902 ) (2007). 7 Barker v. Wingo, 407 U. S. 514, 530 (IV) (92 SC 2182, 33 LE2d 101) (1972). 8 Doggett v. United States, 505 U. S. 647, 651 (II) (112 SC 2686, 120 LE2d 520) (1992). 9 Ruffin v. State, 284 Ga. 52, 55 (2) ( 663 SE2d 189 ) (2008). 10 Scandrett v. State, 279 Ga. 632, 633 (1) (a) ( 619 SE2d 603 ) (2005). 11 Harris v. State, 284 Ga. 455, 455 ( 667 SE2d 361 ) (2008). 12 Herndon v. State, 277 Ga. App. 374, 377 (1) ( 626 SE2d 579 ) (2006). 13 State v. Johnson, 274 Ga. 511, 51…
discussed Cited as authority (rule) Hayes v. State
Ga. Ct. App. · 2009 · confidence medium
Consequently, “the fact that a case is placed on the dead docket does not affect the constitutional right to a speedy trial.” State v. Redding, 274 Ga. 831, 833 ( 561 SE2d 79 ) (2002). 12 Herndon v. State, 277 Ga. App. 374, 376 (1) ( 626 SE2d 579 ) (2006). 13 State v. Johnson, 274 Ga. 511, 512 ( 555 SE2d 710 ) (2001). 14 Nelloms v. State, 274 Ga. 179, 181 ( 549 SE2d 381 ) (2001). 15 Harris v. State, 284 Ga. 455, 455 ( 667 SE2d 361 ) (2008). 16 Hassel v. State, 284 Ga. 861, 862 (b) ( 672 SE2d 627 ) (2009). 17 Brannen v. State, 274 Ga. 454, 455 ( 553 SE2d 813 ) (2001). 18 West v. State, 295 …
discussed Cited as authority (rule) Robinson v. State
Ga. Ct. App. · 2009 · confidence medium
See also Barker, 407 U. S. at 530 ; Ruffin, 284 Ga. at 56 (2) (b). 15 (Citation and punctuation omitted.) State v. Johnson, 274 Ga. 511, 512 ( 555 SE2d 710 ) (2001). 16 Ruffin, 284 Ga. at 58 (2) (b) (i). 17 See id. 18 (Punctuation omitted.) Bowling v. State, 285 Ga. 43, 45 (1) (b) ( 673 SE2d 194 ) (2009). 19 See Mullinax v. State, 273 Ga. 756, 759 (2) ( 545 SE2d 891 ) (2001) (the reason-for-the-delay factor was properly weighed against the defendant where the primary basis for the delay was a backlog at the state crime lab, which was compounded by the defendant’s filing of an interlocutory a…
discussed Cited "see" State v. Nagbe (2×)
Ga. Ct. App. · 2010 · signal: see · confidence high
See Hassel v. State, 284 Ga. 861, 862 (c) ( 672 SE2d 627 ) (2009). 19 See Beasley v. State, 260 Ga. App. 74, 76 (d) ( 579 SE2d 19 ) (2003). 20 Nusser v. State, 275 Ga. App. 896, 900 ( 622 SE2d 105 ) (2005). 21 The alleged victim’s daughter also died during the pendency of the case.
discussed Cited "see" Williams v. State (2×)
Ga. Ct. App. · 2009 · signal: see · confidence high
See Hassel v. State, 284 Ga. 861, 862 (c) ( 672 SE2d 627 ) (2009).
discussed Cited "see" Lynch v. State (2×)
Ga. Ct. App. · 2009 · signal: see · confidence high
See Hassel v. State, 284 Ga. 861, 862 (c)( 672 SE2d 627 ) (2009). (d) Prejudice to the defendant.
discussed Cited "see, e.g." State v. Gay (2×)
Ga. Ct. App. · 2013 · signal: see, e.g. · confidence medium
See, e.g., Hassel v. State, 284 Ga. 861, 863 ( 672 SE2d 627 ) (2009) (State’s conduct was negligent rather than deliberate or as a result of bad faith); Frazier v. State, 277 Ga. App. 881, 882 ( 627 SE2d 894 ) (2006) (no evidence that the delay was the result of bad faith).
discussed Cited "see, e.g." State v. Fredrick Gay (2×)
Ga. Ct. App. · 2013 · signal: see, e.g. · confidence medium
See, e. g., Hassel v. State, 284 Ga. 861, 863 ( 672 SE2d 627 ) (2009) (State’s conduct was negligent rather than deliberate or as a result of bad faith); Frazier v. State, 277 Ga. App. 881, 882 ( 627 SE2d 894 ) (2006) (no evidence that the delay was the result of bad faith).
discussed Cited "see, e.g." Wilkie v. State (2×)
Ga. · 2012 · signal: see also · confidence medium
See also Hassel v. State, 284 Ga. 861, 862 (b) ( 672 SE2d 627 ) (2009).
Hassel
v.
the State
S09A0086.
Supreme Court of Georgia.
Jan 26, 2009.
672 S.E.2d 627
John W. Donnelly, for appellant., Kenneth W. Mauldin, District Attorney, Thurbert E. Baker, Attorney General, for appellee.
Thompson.
Cited by 14 opinions  |  Published
Thompson, Justice.

Eric Hassel appeals from the denial of his amended plea in bar and motion to dismiss a multi-count indictment charging him with murder and related offenses in the shooting death of David Lump-kin. [1] Finding no error, we affirm.

In January 2007 a warrant was issued for Hassel’s arrest in connection with the November 2006 shooting. Hassel was located and arrested in the state of Louisiana on February 7, 2007 and was extradited to Georgia the following month. Bond was set in October 2007; however, Hassel has been unable to post bond and he remains in jail.

In December 2007 Hassel filed a motion asserting his rights to a speedy trial under the Georgia and United States Constitutions. In March 2008 he filed a plea in bar and motion to dismiss claiming a violation of those constitutional rights. Later that month, a grand jury indicted Hassel on murder and related charges. In May 2008, the trial court denied his plea in bar on constitutional grounds as well as his motion to dismiss. An amended plea in bar and motion to dismiss were also heard and denied in July 2008. In the interim, the case was specially set for trial on August 15, 2008. Hassel filed a timely notice of appeal from the order denying his amended plea in bar and motion to dismiss.

Hassel submits that his constitutional rights to a speedy trial were violated.

[*862] In examining an alleged denial of the constitutional right to a speedy trial, courts must engage in a balancing test with the following factors being considered: (1) the length of the delay; (2) the reasons for the delay; (3) the defendant’s assertion of the right to a speedy trial; and (4) prejudice to the defendant. Barker v. Wingo, 407 U. S. 514 (92 SC 2182, 33 LE2d 101) (1972). The existence of no one factor is either necessary or sufficient to sustain a speedy trial claim, and a trial court’s findings of fact and its weighing of disputed facts will be afforded deference on appeal.

State v. White, 282 Ga. 859, 861 (2) (655 SE2d 575) (2008). An abuse of discretion standard applies. Id.

a. Length of delay. “The. constitutional right to a speedy trial attaches on the date of the arrest or when formal charges are initiated, whichever first occurs.” State v. White, supra at 861 (2). Hassel was arrested on February 4, 2007; his motion to dismiss was filed on March 3, 2008, 13 months later. As the trial court correctly determined, a one-year delay is presumptively prejudicial and requires consideration of the remaining Barker factors. Id.; Boseman v. State, 263 Ga. 730 (1) (a) (438 SE2d 626) (1994).

b. Reasons for the delay. At a hearing on the motion to dismiss, the State claimed that the delay was due to the complexity of the case and the need for adequate investigation. While the trial court attributed the delay solely to the State, it further concluded that the State’s conduct was negligent rather than deliberate or as a result of bad faith. [2] Thus, while it weighed this factor against the State, the court correctly concluded that the unintentional delay was “relatively benign.” See Barker, supra, 407 U. S. at 531 (“[a] more neutral reason such as negligence . . . should be weighted less heavily” against the prosecuting authority); Smith v. State, 275 Ga. 261 (564 SE2d 441) (2002); Jackson v. State, 272 Ga. 782, 784 (534 SE2d 796) (2000).

c. Assertion of the right to a speedy trial. The court found that Hassel waited nine months after his arrest to assert his demand, and it weighed this factor against him. See Smith, supra at 263 (this factor is weighed heavily against the defendant when it is not asserted).

[*863] d. Prejudice.

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 the defense will be impaired.” [Cit.]

Boseman, supra at 732 (1). Impairment of the defense is the most important component of the prejudice factor “because the inability of a defendant adequately to prepare his case skews the fairness of the entire system.” Barker, supra, 407 U. S. at 532.

In analyzing the prejudice factor after the initial hearing, the trial court observed that anxiety and concern are always present in pretrial incarceration situations, but that Hassel had made no showing as to the extent of his anxiety and concern. See Disharoon v. State, 288 Ga. App. 1, 5 (1) (d) (652 SE2d 902) (2007) (absent some unusual showing of anxiety or concern, it is not likely that this interest will be determinative in favor of the accused). With regard to impairment of the defense, the court determined that Hassel presented no evidence establishing actual prejudice. And after balancing the Barker factors, the trial court ruled that Hassel had not been denied his constitutional rights to a speedy trial. Absent a transcript of the first hearing, we must assume that the evidence supported the trial court’s findings. See Eason v. State, 249 Ga. App. 738 (1) (549 SE2d 532) (2001).

Upon receiving discovery from the State, Hassel filed an amended plea in bar and motion to dismiss claiming to have new information that the State’s delay was intentional, and that he suffered significant prejudice because an important witness for the State cannot be located. A second hearing was conducted, the transcript of which is contained in the record on appeal at Hassel’s request. At this hearing, Hassel offered testimony as to the conditions at the Athens-Clarke County Jail where he is incarcerated as well as documentation of several grievances that he had filed. Discussion was also heard from defense counsel and the prosecutor concerning the whereabouts of the allegedly missing witness and her anticipated testimony.

In an order following that hearing, the trial court adhered to its former ruling with regard to the first three Barker factors, but it re-analyzed the prejudice factor in light of the new evidence presented. In so doing, the court concluded that Hassel failed to show that he suffers undue or unusual anxiety attendant to his incarceration, and that he failed to establish that the witness is unavailable.

[*864] Decided January 26, 2009. John W. Donnelly, for appellant. Kenneth W. Mauldin, District Attorney, Thurbert E. Baker, Attorney General, for appellee.

These findings are supported by the evidence.

In weighing the State’s negligent delay in bringing appellant to trial against appellant’s failure to timely assert his constitutional rights to a speedy trial and his failure to show that the delay has impaired his defense, we find no abuse of the trial court’s discretion in denying Hassel’s motion to dismiss his indictment.

Judgment affirmed.

All the Justices concur.
1

See Callaway v. State, 275 Ga. 332 (567 SE2d 13) (2002) (direct appeal authorized from denial of a plea in bar).

2

According to the trial court’s order, a hearing on the motion to dismiss was conducted on March 31, 2008; however, Hassel did not request that a transcript of that hearing he included in the record on appeal and none was transmitted to this Court.