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State v. Hartsfield

While the 4-year delay in indicting the defendant for aggravated battery, aggravated assault, and three counts of violation of an oath by a public officer was presumptively prejudicial, the trial court erred in ruling that it was an actual impairment of his defense.

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The State previously appealed the trial court’s grant of Eugene Hartsfield’s motion to dismiss his indictment for violation of his constitutional right to a speedy trial. On review, we vacated the trial court’s order and remanded the case for reconsideration because some of the trial court’s findings of fact were not supported by the record and because the court made other errors. State v. Hartsfield, 308 Ga. App. 753, 754-755 1 711 SE2d 1 2011. Upon remand, the trial court reconvened the hearing and received further evidence from Hartsfield; the State offered no evidence. The court again granted Hartsfield’s motion to dismiss, and the State again appeals.

The procedural facts set out in the prior appeal show the lengthy passage of time in this case:

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