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State v. Pickett

The trial court properly followed the Supreme Court's directive and did not abuse its discretion in granting the defendant's motion to dismiss his indictment based on his constitutional right to a speedy trial.

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The state once again appeals the grant of Phillip Pickett’s motion to dismiss his indictment on the ground that the state violated his constitutional right to a speedy trial. Because the trial court did not abuse its substantial discretion, we affirm.

In State v. Pickett, 288 Ga. 674 706 SE2d 561 2011, the Georgia Supreme Court reversed this court’s judgment in State v. Pickett, 301 Ga. App. 251 687 SE2d 239 2009, and ruled that we should have vacated and remanded the trial court’s order granting Pickett’s motion to dismiss on speedy trial grounds. The Supreme Court held that the trial court “erred significantly” when analyzing whether Pickett asserted his right to a speedy trial in due course, Pickett, 288 Ga. at 676 2 c 3, and also erred by making a finding about Pickett’s undue anxiety that was not supported by the record. Id. at 678 2 c 4. Upon remittitur, we vacated our earlier opinion, adopted the opinion of the Supreme Court as our own, vacated the trial court’s judgment, and remanded the case for proceedings not inconsistent with the Supreme Court’s opinion. State v. Pickett, 309 Ga. App. 216 710 SE2d 212 2011. Upon remand, the trial court again granted Pickett’s motion to dismiss, and the state appeals.

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