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Meder v. State

The 30-month delay following the defendant's arrest did not violate her right to a speedy trial under the circumstances.

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Betty Meder appeals from the trial court’s denial of her motion for judgment and acquittal based on her claim that there was a violation of her constitutional right to a speedy trial. After reviewing the record, we conclude there was no error and affirm. The Sixth Amendment to the United States Constitution provides that the accused has a right to a speedy trial in a criminal prosecution. The test for determining whether that right has been violated is set forth in Barker v. Wingo, 407 U. S. 514 92 SC 2182, 33 LE2d 101 1972, which provides that courts must engage in a balancing test of the following factors: 1 the length of the delay; 2 the reasons for the delay; 3 the defendant’s assertion of the right to a speedy trial; and 4 prejudice to the defendant. “The existence of no one factor is either necessary or sufficient to sustain a speedy trial claim, and a trial court’s findings of fact and its weighing of disputed facts will be afforded deference on appeal.” State v. White , 282 Ga. 859, 861 2 655 SE2d 575 2008. An abuse of discretion standard applies. Hassel v. State , 284 Ga. 861, 862 672 SE2d 627 2009.

The first factor is a Length of delay . The record shows that Meder was arrested on April 27, 2007. She filed her motion for discharge and acquittal on October 14, 2009. “The right to a speedy trial attaches at the time of arrest or indictment, whichever is earlier. And any delay approaching a year raises a threshold presumption of prejudice.” Lynch v. State , 300 Ga. App. 723, 724 686 SE2d 268 2009.

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