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Brannen v. State

The prejudice to defendant's justification defense from the death of a key defense witness was alleviated by the state's agreement to stipulate to the admissibility of the witness's sworn affidavit under the necessity exception to the hearsay rule.

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Tammy Suzette Brannen was arrested on August 4, 1995, and indicted on December 20, 1995, for malice murder in the shooting death of Darrell Johnson. The case is before the Court from the denial of Brannen’s motion to dismiss the indictment based on an alleged violation of her Sixth Amendment right to a speedy trial. We affirm.

Brannen was released on bail on August 25, 1995. The case was initially called for trial on February 18, 1997, but was continued at the request of the State. In September 1999, the court notified Brannen that the case would be tried on October 18, 1999; and a subsequent trial date was set for December 13, 1999. Prior to the scheduled trial date, Brannen filed her motion to dismiss the indictment on Sixth Amendment grounds. In substance, Brannen argued that the 52-month delay from arrest to the filing of the motion to dismiss, coupled with the death of a defense witness who allegedly would have given exculpatory testimony, prejudiced her defense to the extent that the indictment should be dismissed. The trial court denied the motion to dismiss finding that Brannen’s Sixth Amendment right to a speedy trial had not been violated.1

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