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Callaway v. State

Defendant's direct appeal of the denial of his demand for acquittal based on his constitutional right to a speedy trial was premature in the absence of a speedy trial demand under O.C.G.A. § 17-7-170.

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Dextrell Callaway filed a direct appeal from an order denying his plea in bar and demand for acquittal based on the denial of his constitutional right to a speedy trial under the analysis established in Barker v. Wingo, 407 U.S. 514 92 SCt 2182, 33 LEd2d 101 1972. He cites a physical precedent, Ould v. State, 186 Ga. App. 55 366 SE2d 392 1988, as authority for the proposition that a direct appeal is available under these circumstances. Because Ould is not a binding precedent, because we find that the reasoning offered therein does not withstand careful scrutiny, and because we find no other legitimate basis to exercise appellate jurisdiction at this time, we conclude that Callaway’s direct appeal must be dismissed as premature.

The defendant in Ould v. State moved for a discharge and acquittal on the day before his scheduled trial. He appealed from the denial of that motion. The Ould court devoted its first division to the matter of jurisdiction, stating as follows:

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