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Weems v. State

The defendant's more than 3-year delay in asserting his constitutional right to a speedy trial weighed heavily against him as did his failure to show prejudice.

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David Lee Weems was arrested for child molestation and aggravated sexual battery. After 38 months had passed, Weems filed a plea in bar and motion to dismiss the indictment based on a violation of his constitutional right to a speedy trial. Weems now appeals the trial court’s order denying his motion, arguing that the court erred in ruling that his right to a speedy trial had not been violated by the State. For the reasons noted infra , we affirm. The record shows that Weems was arrested on July 28, 2007, by Paulding County authorities on charges of child molestation and aggravated sexual assault for the molestation of his 4-year-old granddaughter. Shortly thereafter, he acquired counsel and was released on bond on August 30, 2007. On October 6, 2009, he was indicted by a Paulding County Grand Jury for aggravated sexual battery and child molestation. Weems waived his arraignment on November 2, 2009, and discovery was served and provided to him on July 20, 2010, based on his election to proceed under the reciprocal discovery statute.1

On October 5, 2010, the morning of the calendar call for his trial, Weems filed a plea in bar and motion to dismiss, contending that his constitutional right to a speedy trial had been violated. A hearing on the motion was then held on November 16, 2010, during which Weems and his wife testified regarding the alleged anxiety Weems suffered as a result of the charges. Additionally, one of the State’s prosecutors testified regarding the State’s backlog of cases and identifying same as the cause for the delay in bringing Weems’s case to trial. On November 29, 2010, the trial court denied Weems’s motion. This appeal follows.2

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