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State v. Pickett

A defendant need not wait until his indictment to assert his constitutional right to a speedy trial.

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The trial court granted Phillip Pickett’s motion to dismiss his indictment on the ground that the State had violated his constitutional right to a speedy trial. The Court of Appeals affirmed, State v. Pickett , 301 Ga. App. 251 687 SE2d 239 2009, and we granted certiorari to consider its ruling. For the reasons that follow, we reverse the Court of Appeals with the direction that the case be remanded to the trial court for application of the correct legal analysis. 1. On June 23, 2003, Pickett was arrested on a charge of molesting his ten-year-old daughter. He was released on bond on July 2, 2003. One of his bond conditions was that he have no contact with his four children. Nearly three years later on April 7, 2006, Pickett was indicted for child molestation, aggravated sexual battery, criminal attempt to commit rape, and criminal attempt to commit incest. On April 2, 2007, Pickett filed a motion to amend his bond conditions to permit him to have supervised contact with his children. On May 29, 2007, the trial court held a hearing on the motion. The prosecutor opposed the motion, and the court denied it, stating that the court would not alter the bond condition without a report from an expert.

The case was never placed on a trial calendar, and Pickett did not obtain a child psychologist because of a lack of funds. On November 19, 2008, Pickett filed a motion to dismiss the indictment based on the alleged violation of his right to a speedy trial under the state and federal constitutions. See Ga. Const. of 1983, Art. I, Sec. I, Para. XI a; U.S. Const. Amend. VI. On December 15, 2008, the trial court held a hearing on the motion, and two days later, the court granted the motion. The State appealed, and the Court of Appeals affirmed. We then granted certiorari.

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