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State v. Ivory

The three years and nine months delay violated the defendant's right to a speedy trial under the circumstances.

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Michael Ivory was arrested on December 24, 2005 and a fourteen count indictment charging him with one count of armed robbery, one count of aggravated assault with intent to rob, five counts of criminal attempt to commit armed robbery, five counts of aggravated assault and two firearm possession offenses was returned against him on January 13, 2006. Ivory was released on bond on or about January 21. Retained counsel filed an entry of appearance on March 23, 2006; Ivory was also arraigned that day. Between November 2006 and October 2008, Ivory’s case appeared on several trial calendars, but was never reached for trial. Ivory filed a motion for discharge and acquittal on November 14, 2008, asserting that his constitutional right to a speedy trial had been violated. Following a hearing on August 20, 2009, the trial court orally granted Ivory’s motion. The trial court entered an order dismissing the indictment on September 3, 2009 and the State timely filed this appeal.

The record and hearing transcript show that on December 24, 2005, two men attempted an armed robbery at Louise’s Place Club. During the attempt, one of the victims shot one of the perpetrators with a gun loaded with bird shot, hitting him in the head and upper chest region. Several hours later, Ivory was transported to Grady Hospital with a gunshot wound to his face and chest. He was treated for his injuries, and interviewed by police at the hospital. Although he initially told police he was shot at another location, Ivory subsequently gave a statement to police indicating he was shot in the parking lot of the club.

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