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Lynch v. State

Although the 40-month delay before his trial was presumptively prejudicial and only 6.5 months of that delay were attributable to his avoidance of extradition, the defendant withdrew his first motion for speedy trial and did not show prejudice.

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Charged with multiple offenses, Raoul Lynch filed a motion for discharge and acquittal on the ground that his constitutional right to a speedy trial was violated. The trial court denied the motion, and Lynch now appeals. For the following reasons, we affirm. Lynch was indicted on May 27, 2005 and charged with two counts each of aggravated sodomy and aggravated assault, and one count each of rape, kidnapping with bodily injury and burglary. On August 11, 2007, Lynch was arrested in the state of New York on unrelated charges. Three months later, on November 19, 2007, the State submitted a “Request for Detainer” to have Lynch returned to Georgia. Although he challenged extradition, Lynch was returned to the State of Georgia on June 4, 2008.

On June 27, 2008, Lynch’s counsel filed an entry of appearance, but was replaced by a second lawyer on July 18, 2008. Second counsel filed a “Motion for a Constitutional Speedy Trial,” but withdrew that motion on August 18, 2008. On September 4, 2008, second counsel withdrew from representing Lynch, and the next day, a third lawyer filed an entry of appearance. On September 19, 2008, third counsel filed a demand for speedy trial and also a motion for discharge and acquittal based upon the denial of Lynch’s constitutional right to a speedy trial. The trial court denied the motion on November 25, 2008, prompting this appeal.

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