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McDougler v. State

The trial court did not abuse its discretion in denying defendant's motion to dismiss the indictment against him on constitutional speedy trial grounds.

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This case is before this Court for a second time to address Ronald McDougler’s claim that the trial court should have dismissed his indictment on constitutional speedy trial grounds. McDougler v. State, 323 Ga. App. 828 748 SE2d 475 2013 McDougler I. In 2009, McDougler was convicted by a jury of two counts of sale of cocaine OCGA § 16-13-30 a, and two counts of possession of cocaine OCGA § 16-13-30 b. McDougler filed a direct appeal, arguing that he was denied his constitutional right to a speedy trial, and this Court remanded to the trial court with instructions to enter sufficient findings of fact and conclusions of law with respect to the speedy trial claim. McDougler I, supra, 323 Ga. App, at 830 2. McDougler now appeals the renewed denial of his motion to dismiss his indictment on constitutional speedy trial grounds, arguing that the trial court erred in its analysis of the principles set out in Barker v. Wingo, 407 U. S. 514, 530-533 IV 92 SCt 2182, 33 LE2d 101 1972, and Doggett v. United States, 505 U. S. 647, 651-654 II—III 112 SCt 2686, 120 LE2d 520 1992. After a thorough review, we affirm.

In Georgia, the application of the Barker-Doggett principles to the circumstances of a particular case is a task committed principally to the discretion of the trial courts, and it is settled law that our role as a court of review is a limited one. Under our precedents, we must accept the factual findings of the trial court unless they are clearly erroneous, and we must accept the ultimate conclusion of the trial court unless it amounts to an abuse of discretion, even though we might have reached a different conclusion were the issue committed to our discretion.

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