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Lambert v. State

The defendant failed to show that the 29-month delay prejudiced his defense, because no evidence showed that witnesses could not be located, and trial counsel even acknowledged that he may be able to locate witnesses prior to trial.

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Ernest Lambert appeals from the denial of his motion to dismiss the indictment against him for violation of his constitutional right to a speedy trial. We affirm. The chronology of events is undisputed here. The record reveals that on April 16, 2002, Lambert and five others were indicted on various charges, including malice murder, felony murder, kidnapping with bodily injury, and concealing the death of another.1 Two of Lambert’s co-defendants were charged with tampering with evidence. A jury acquitted Lambert of malice murder, felony murder and concealing the death of another, and deadlocked on the kidnapping count. The trial court declared a mistrial on that count on October 9, 2003, and Lambert was released on bond in December 2003.

On July 12, 2004, Lambert filed a plea in bar asserting that a retrial on the kidnapping charge was barred on double jeopardy grounds. The trial court granted the motion on August 23, 2004, and the State appealed. On November 8, 2005, this court reversed the grant of the plea in bar finding that a retrial on the kidnapping charge was permissible. See State v. Lambert , 276 Ga. App. 668 624 SE2d 174 2005. The remittitur was returned to the superior court on June 9, 2006.

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