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Carder v. State

The state did not violate the defendant's speedy trial rights, despite the presumptively prejudicial 38-month delay between the defendant's arrest and her indictment and the fact that the trial court properly weighed this factor against the state.

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Tammy Faye Carder appeals from the denial of her plea in bar urged on the basis that she was denied her constitutional right to a speedy trial. For the reasons that follow, we affirm the trial court’s order. The record and transcript show that the offenses giving rise to the charges against Carder occurred on June 18, 2005, and that Carder was arrested at that time and had retained counsel by July 11, 2005. Over three years later, on August 4, 2008, an indictment was returned against her charging her with two counts of homicide by vehicle, one court of homicide by vehicle in the second degree, two counts of serious injury by motor vehicle, one count of DUI-less safe, and one count of failure to maintain lane.

On September 22, 2008, Carder filed a motion in limine and request for a Jackson-Denno hearing; she filed a supplement to that motion on April 6, 2009. The trial court granted the motion in part, excluding evidence of Carder’s statements to the arresting officer made at the hospital after the accident and excluding her refusal to take the state-administered blood test, but the court did not exclude a statement she made to hospital personnel regarding the test. State v. Carder 301 Ga. App. 901, 902 689 SE2d 347 2009. The State filed a notice of appeal to this Court from that order, Carder timely filed a cross appeal, and the case was docketed in this Court on June 29, 2009.

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