Teasley v. State

In light of the trial court's numerous errors and application of the balancing test set forth in Barker v. Wingo, the Court held that the trial court abused its discretion by denying appellant's motion for discharge and acquittal 3 years after she was indicted for injuring her infant child.

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Elizabeth and Jerry Teasley appeal the denial of their motion for discharge and acquittal, in which they asserted that they had been denied their constitutional right to a speedy trial. We reverse in part and remand with instruction. The record shows that on August 31, 2006, the Teasleys were indicted on one count of cruelty to children for allegedly injuring their three-week old child between April 9 and 13, 2006; he had been diagnosed with a broken leg. Arraignment was scheduled for October 5, 2006 in the Superior Court of Hart County, during that court’s August term.1 On October 10, 2006, as a part of a document addressing other matters, Elizabeth demanded a public and speedy trial pursuant to the Georgia Constitution and Constitution of the United States. She reiterated the demand in similar fashion in March 2007, but she never made a Georgia statutory demand under OCGA § 17-7-170. No other demands are in the record except the motion for discharge and acquittal itself.

In April 2007, in response to a notice of potential conflict of interest of the public defender’s office, the court ordered that the public defender be relieved of representing Jerry Teasley, and that Martin Melton be appointed instead. The case was not tried during the February 2007 term of court, and there is no information in the record explaining why.

Teasley v. State

In light of the trial court's numerous errors and application of the balancing test set forth in Barker v. Wingo, the Court held that the trial court abused its discretion by denying appellant's motion for discharge and acquittal 3 years after she was indicted for injuring her infant child.

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