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State v. Porter

The 8-year delay between the defendant's initial arrest and his initial trial date was presumptively prejudicial.

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On January 15, 2009, just over nine years after his arrest for molesting his minor child, T.P., Stanley Keith Porter filed a motion to dismiss, or, in the alternative, plea in bar, contending that the State had denied his constitutional right to a speedy trial. The trial court entered separate orders denying Porter’s motion as to the second indictment, filed in 2006 the “2006 case”, and granting his motion as to the first indictment filed in 2001 the “2001 case”. The State appeals from the trial court’s dismissal of the 2001 case, arguing that the trial court erred in weighing against the State i the reason for delay, ii Porter’s failure to timely assert a statutory demand for speedy trial, and iii prejudice to Porter arising out of the alleged death of material defense witnesses. Finding that the trial court did not abuse its discretion in dismissing the 2001 case upon the denial of Porter’s constitutional right to a speedy trial for nearly seven years of pre-trial delay attributable to the government, we affirm. We review a trial court’s grant or denial of a motion to dismiss on speedy trial grounds for abuse of discretion. Ruffin v. State , 284 Ga. 52, 65 3 663 SE2d 189 2008.

The record shows that Porter was arrested on November 12, 2000 for molesting T. P., his minor child, on or about June 1, 2000. He was indicted on December 29, 2000, and then re-indicted on August 31, 2001, for one count of aggravated child molestation OCGA § 16-6-4 c, three counts of child molestation OCGA § 16-6-4 a, and one count of cruelty to children in the second degree OCGA § 16-5-70. His release on bond followed.

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