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Davis v. State

The 35-month long delay between the defendant's arrest and his trial prevented the defendant from introducing exculpatory statements by two witnesses, who were no longer in the country.

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Christopher Antonio Davis appeals from the trial court’s order denying his motion to dismiss the indictment on the ground that his constitutional right to a speedy trial had been violated. For the reasons that follow, we reverse. We review the trial court’s determination for an abuse of discretion.1 “The deference owed the trial court’s ruling is diminished, however, where it contains factual findings that are either clearly erroneous or unsupported by the record, or where it misstates or misapplies the law.”2

The undisputed record shows that Davis was arrested on March 26, 2005, and indicted on August 17, 2005, for one count of burglary, seven counts of armed robbery, eleven counts of aggravated assault, four counts of kidnapping with bodily injury, three counts of kidnapping, and four counts of possession of a firearm during a felony. The charges stemmed from Davis’s alleged involvement in the robbery of six men living in an apartment in Gwinnett County. Although Davis did not file a statutory motion for speedy trial, he filed a motion to dismiss the indictment on October 4, 2006, approximately 17 months after his arrest, asking for immediate trial or dismissal of the indictment on the basis that he had endured an unreasonable delay in having his case come to trial. The trial court denied the motion to dismiss, but the court did grant a reduction of Davis’s bond. Davis posted bond and was released from custody in December 2006.

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