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Nusser v. State

The defendant failed to assert his speedy trial demand until 20 days before his scheduled trial.

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This is an appeal from the denial of Robert Aaron Nusser’s motion for discharge and acquittal on constitutional speedy trial grounds. For the reasons set forth below, we conclude that the trial court did not abuse its discretion in denying Nusser’s motion. The record reflects that in the early morning of October 27, 2001, an officer with the Georgia Tech Police Department arrested Nusser for the offenses of Driving under the Influence of Alcohol OCGA § 40-6-391, Failure to Maintain Lane OCGA § 40-6-48, and No County Decal OCGA § 40-2-8 c. Nusser was released on bond later that same day.

On April 29, 2003, the Fulton County Solicitor General filed an accusation against Nusser in the State Court of Fulton County. Nusser’s arraignment was set for September 5, 2003. Shortly before the arraignment, Nusser filed several motions in limine and requested a jury trial on the charged offenses.

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