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Moceri v. State

The Supreme Court's decision in Sosniak v. State,12 FCDR 3646 2012, prohibited the defendant's direct appeal from the denial of his constitutional speedy trial motion.

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Dominic Moceri, III, filed a direct appeal from the trial court’s denial of his Motion for Discharge and Acquittal on speedy trial grounds. In an order dated November 18, 2011, this Court found that Moceri, indeed, had a right to a direct appeal and granted his emergency motion to stay the proceedings in the trial court pending the appeal.1 But in an opinion dated November 19, 2012, the Supreme Court of Georgia held that no right of direct appeal lies from the denial of a constitutional speedy trial motion. Sosniak v. State, __Ga.__ Case No. S12A0799, decided November 19, 2012.2 Accordingly, we must dismiss Moceri’s appeal for lack of jurisdiction.

As the Georgia Supreme court recognized, however, “given the clear, though incorrect, mandate” of prior Supreme Court precedent,3 an appellant with a pending speedy trial appeal “may be caught somewhat by surprise” by the Sosniak opinion. Id. at __ 3. In an effort to ameliorate such surprise in this case, we note that the trial court’s order denying Moceri’s speedy trial motion was insufficient to allow us to determine whether the trial court abused its discretion because the trial court made no findings pursuant to Barker v. Wingo, 407 U.S. 514 92 SC 2182, 33 LE2d 101 1972. Thus, the order was subject to vacatur and remand “for entry of an order including proper findings in accordance with Barker v. Wingo . . . .” Higgenbottom v. State, 288 Ga. 429, 430 704 SE2d 786 2011.

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