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Milner v. State

The presumptively long 10-year delay from the defendant's arrest for striking his girlfriend in the head with an axe to when he filed his motion to dismiss his indictment for aggravated assault did not violate his speedy trial rights.

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Following his December 6, 2002 indictment for one count of aggravated assault, Czerny Milner filed a motion to dismiss the indictment on May 7, 2012, arguing that his constitutional right to a speedy trial had been violated. The trial court denied Milner’s motion in a December 6, 2012 order. Milner appeals, challenging the manner in which the trial court weighed certain analytical factors required by Barker v. Wingo, 407 U. S. 514 92 SCt 2182, 33 LE2d 101 1972. Finding no abuse of the trial court’s discretion, we affirm.

The record reveals that Milner was arrested on May 26, 2002 for striking his girlfriend in the head with an axe. He was bound over to Fulton County Superior Court on June 6, 2002 and released on a $10,000 bond on June 12, 2002. A Fulton County grand jury returned a true bill of indictment against Milner on December 6, 2002 for one count of aggravated assault. Milner’s case appeared on a January 16, 2003 plea and arraignment calendar; however, Milner failed to appear, and a bench warrant was issued for his arrest. Thereafter, the trial court placed Milner’s case on the administrative dead docket on September 19, 2003.

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