Sosniak v. State

Marcin Waldemar Sosniak appeals the trial court’s denial of his motion to dismiss his indictment due to an alleged constitutional speedy trial violation. Because we find that Callaway v. State, 275 Ga. 332 567 SE2d 13 2002, and Boseman v. State, 263 Ga. 730 n.1 438 SE2d 626 1994, wrongly decided that the denial of a pre-trial constitutional speedy trial claim may be directly appealed, we dismiss Sosniak’s appeal for failure to follow the interlocutory appeal procedures of OCGA § 5-6-34 b.

1. The record shows that Sosniak was arrested on March 20, 2006 for murder,1 and, with his co-defendants, Jason McGhee and Frank Ortegon, was indicted on September 10, 2007. On October 5, 2007, the State filed notice of its intent to seek the death penalty against all three defendants, and, after the completion of pre-trial proceedings, the trial court issued a pre-trial report and order for review on September 3, 2009. Thereafter, this Court granted Sosniak’s Application for Interim Review, and affirmed the rulings of the trial court. Sosniak v. State, 287 Ga. 279 695 SE2d 604 2010. Sosniak’s trial was then scheduled for January 10, 2011, but the trial court continued the case until July 11, 2011 at Sosniak’s request. On July 1, 2011, Sosniak filed another motion for continuance, which the trial court granted and continued the case until October 10, 2011. Sosniak filed another motion for continuance on October 5, 2011. The court denied the motion on October 6, 2011. Sosniak then filed a motion to dismiss alleging a constitutional speedy trial violation on October 7, 2011, which the trial court denied on October 28, 2011.