The State appeals the trial court’s order granting Mai Nagbe’s plea in bar for violation of her Sixth Amendment right to a speedy trial. Considering the length of the delay, the State’s lack of an explanation for the delay, and the death of Nagbe’s material exculpatory witness during the pendency of the case, we find no abuse of discretion and affirm. The record shows that Nagbe was arrested and jailed on May 10, 2007, and subsequently indicted on May 18, 2007, on charges of false imprisonment, cruelty to a person 65 years of age or older, and battery. She was released on bond on May 25, 2007. Nagbe was arraigned in Fulton County Superior Court before Judge Manis on July 13, 2007, and appeared at a case management hearing on August 14, 2007, and a final plea calendar on September 19, 2007. Nagbe pled not guilty, and her counsel asked Judge Manis to try the case before she retired and took senior status. Nagbe was subsequently ordered to appear before Judge Westmoreland and then Judge Arrington, who, on February 20, 2009, ordered that the case be transferred to Judge Baxter. On February 23, 2009, Nagbe filed a plea in bar and motion for absolute dissolution. Following a hearing on March 12, 2009, the trial court granted the motion.
At issue is whether the trial court abused its discretion in applying the factors set forth in Barker v. Wingo .1 This is a four-part test which requires that we consider: 1 the length of the delay; 2 reasons for the delay; 3 defendant’s assertion of the right; and 4 the prejudice to the defendant. Standing alone, none of these factors are a necessary, or sufficient condition to a finding of deprivation of the right to a speedy trial, but rather should be considered as part of a balancing test.2 “These factors have no talismanic qualities; courts must still engage in a difficult and sensitive balancing process.”3
