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Williams v. State

Defendants were not entitled to dismissal based on the state's failure to try them for 22 months because they were clearly responsible for some of the delay.

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Defendants appeal directly from the trial court’s denial of their motions to dismiss based on speedy trial concerns. We consolidate these appeals and affirm the trial court’s ruling.

A Fulton County grand jury returned an indictment charging Larry Boulton, George Williams, and Brandon Edwards jointly with two counts of rape, one count of kidnaping, and one count of aggravated assault for acts the three allegedly committed during the April 1998 Black College Spring Break, aka “Freaknik.” The men were arrested April 20, 1998; indicted on July 17, 1998; and bonded out on August 12, 13, and 19, 1998, respectively. No motions for speedy trial were filed, under either statutory or constitutional grounds, by any of the appellants. The record reveals no efforts on the part of the appellants to bring the case to trial. The attorney for Larry Boulton requested four leaves of absence encompassing prospective trial weeks. Neither Williams nor Edwards sought severance from Boulton. When the case was placed on the trial calender for the week of February 14, 2000, the appellants filed motions seeking dismissal of the charges because their constitutional right to a speedy trial was allegedly violated by the twenty-two month delay between arrest and trial. Thereafter, Boulton’s attorney filed for another leave of absence encompassing the February 14, 2000 trial week.

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