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Leopold v. State

The trial court erred in denying the defendant's claim that his constitutional right to a speedy trial was violated without making the proper findings of fact.

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Neil Leopold appeals from his convictions for possession of marijuana and possession of marijuana with intent to distribute. He contends that he received ineffective assistance of counsel and that he was denied his constitutional right to a speedy trial. For the reasons explained below, we find no merit in his ineffective assistance of counsel claim, but we remand this case to the trial court for entry of a more detailed order weighing the factors outlined in Barker v. Wingo, 407 U. S. 514 92 SCt 2182, 33 LE2d 101 1972.

1. Leopold asserts that he received ineffective assistance of counsel because his trial attorney: a failed to review the State’s file on Junior Blackford, who was arrested for the same incident giving rise to charges against Leopold; b failed to obtain, and impeach Blackford with, certified copies of his prior felony convictions in Georgia and New York; c abandoned a previously filed defense motion requesting an NCIC report on all of the State’s witnesses; d failed to investigate and cross-examine Blackford about his risk of deportation; e conducted no investigation as to whether Blackford could received packages at the hotel where he lived at the time of the incident; f failed to investigate and cross-examine Blackford about his flight to New York for more than two years.

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