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Fisher v. State

Defense counsel effectively consented to a delay of the defendant's trial when he filed a conflict notice explaining that he was scheduled to try another criminal case on the day before defendant's trial and that he intended to proceed with each case in order.

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In the State Court of Fulton County, Robert Fisher was charged by accusation with two counts of DUI and one count of operating a motor vehicle with no license plate. On November 10, 1998, Fisher filed a demand for speedy trial in accordance with OCGA § 17-7-170 a, and on December 2 he waived formal arraignment and pled not guilty. On December 28, 1998, the trial court issued a notice of trial for 9:00 a.m. on an unspecified date. The court subsequently set Fisher’s case for trial on February 25, 1999.

On February 17, Fisher’s counsel sent a notice of possible calendar conflicts. The notice explained that counsel was scheduled to try a criminal jury case on Monday, February 22 in the Superior Court of DeKalb County, and another criminal jury case scheduled for February 24, one day prior to Fisher’s, in the City Court of Atlanta. Counsel intended to “proceed with each case in the order listed unless directed by the Courts.”

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