Ogletree v. State

The trial court did not err in finding that the defendant's constitutional speedy trial rights were not violated.

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Stacey Ogletree appeals from the order of the Superior Court of Fulton County denying his motion to dismiss charges of rape, child molestation, and aggravated child molestation, claiming that he was denied his constitutional right to a speedy trial. For the following reasons, we affirm. The record shows that Ogletree was arrested on June 15, 2005, and charged with rape and aggravated child molestation arising out of incidents that occurred between March and May of 2005. He was indicted for those offenses on June 28, 2005, and released on bond about two weeks later. On January 20, 2006, the trial court entered a scheduling order, setting the case for trial on May 19, 2006. As continued investigation revealed new information about the crimes alleged, the State twice re-indicted Ogletree to add additional charges. On July 25, 2006, the State returned a ten-count indictment, and on January 15, 2008, the State returned a twelve-count indictment.

Ogletree’s retained counsel withdrew from the case on January 22, 2007, and was replaced by an attorney with the Office of the Public Defender. The trial court gave Ogletree’s new attorney six months to familiarize herself with the case. On June 15, 2007, the date set for trial, defense counsel asked for and received a six-month continuance. On March 17, 2008, after a jury was sworn and empaneled to try the case, the trial court declared a mistrial based upon manifest necessity because critical witnesses for the State had become temporarily unavailable. On August 6, 2008, after the case had been re-set for trial, Ogletree filed a plea in bar and a motion to dismiss the indictment, arguing that the trial court had abused its discretion in finding a manifest necessity and in granting the mistrial. The trial court denied the motion, Ogletree appealed, and this Court affirmed the trial court’s order on October 7, 2009. Ogletree v. State , 300 Ga. App 365 685 SE2d 351 2009.

Ogletree v. State

The trial court did not err in finding that the defendant's constitutional speedy trial rights were not violated.

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