Legal Opinion · Dissent

State v. Johnson

Supreme Court of Georgia

Decided November 28, 2001No. S01A0991Published

1DissentBenham, Justice

The right to a speedy trial is a fundamental right guaranteed to an accused by the Sixth Amendment to the United States Constitution and applicable to the states by the Due Process Clause of the Fourteenth Amendment. Barker v. Wingo, 407 U. S. 514, 515 (92 SC 2182, 33 LE2d 101) (1972). It is a “slippery” right “generically different from any of the other rights enshrined in the Constitution for the protection of the accused,” it has an “amorphous quality,” and its violation results in the “unsatisfactorily severe remedy of dismissal of the indictment” with prejudice. Id. at 519, 522. Because…

2Cases cited19 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Doggett v. United StatesSupreme Court of the United States · 1992
  3. Vansant v. StateSupreme Court of Georgia · 1994
  4. Boseman v. StateSupreme Court of Georgia · 1994
  5. Johnson v. StateSupreme Court of Georgia · 1997

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