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Brown v. State

The presumptively prejudicial delay in both cases did not cause either defendant prejudice, which significantly impaired his defense on murder and related charges.

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In July 2006, Andre Copeland was shot to death and Corey Coachman was paralyzed as a result of gunfire during an alleged armed robbery. Appellants Derrick Lashon Brown and Frederick Waters were jointly charged in a multi-count indictment with murder, armed robbery, aggravated assault, and related offenses in connection with the crimes. While awaiting trial, both appellants moved to dismiss the indictment asserting their rights to a speedy trial under the Georgia and United States Constitutions. In these consolidated appeals, they challenge the denial of their respective motions.1 Finding no error, we affirm. Brown surrendered to the police on August 16, 2006 after a warrant had been issued for his arrest. In October 2006, an indictment was returned charging Brown and another co-defendant, Andre McArthur, with the crimes.2 Brown was arraigned in November 2006. Over the next several months, he opted into reciprocal discovery and filed numerous motions, including a motion to sever the counts and the parties. In March 2007, Brown was released on bond.

As the trial court found, there was substantial delay in scheduling the motions hearings because Coachman, the surviving victim, had been paralyzed in the course of the alleged armed robbery and the State monitored his progress until he was capable of appearing for testimony.

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