State v. Thaxton

The case was remanded for the trial to conduct a balancing test of the four factors in Barker v. Wingo, 407 U. S. 514 1972 to determine the merits of the defendant's motion for discharge and acquittal on speedy trial grounds to charges of cruelty to animals and possessing marijuana.

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The State appeals from the grant of defendant Randall Thaxton’s motion for discharge and acquittal for violation of his constitutional right to a speedy trial. See OCGA § 5-7-1 a 1 authorizing the State to appeal, among other things, from the dismissal of an indictment. The State contends that the trial court erred in its analysis of the Barker 1 factors by: i failing to weigh heavily against Thaxton his failure to assert his right to a speedy trial before indictment, and ii by failing to treat as relatively benign the post-arrest, pre-indictment delay at issue given the relative significance of the parties’ activities in this case. For the reasons that follow, we reverse the trial court’s order and remand this case with direction. The record shows that Randall Thaxton was arrested on or about October 30, 2008, for seven counts of dogfighting OCGA § 16-12-37, cruelty to animals OCGA § 16-12-4, and possession of more than one ounce of marijuana OCGA § 16-13-30. Thaxton was appointed counsel on November 4, 2008, and has been represented by counsel at all times since that date.

On December 3, 2008, Thaxton entered into a consent bond and was released from jail. The conditions of Thaxton’s release on bond included GPS monitoring except for verified daytime employment and avoidance of all contact with animals.

State v. Thaxton

The case was remanded for the trial to conduct a balancing test of the four factors in Barker v. Wingo, 407 U. S. 514 1972 to determine the merits of the defendant's motion for discharge and acquittal on speedy trial grounds to charges of cruelty to animals and possessing marijuana.

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