Abiff v. State

Hunt, Justice.

Abijah Abiff’s murder conviction was affirmed by this court in Abiff v. State, 258 Ga. 137, 139 (365 SE2d 427) (1988), and remanded for further proceedings on the issue of ineffective assistance of counsel under Smith v. State, 255 Ga. 654, 656 (341 SE2d 5) (1986). The trial court granted Abiff a new trial in January 1989. In February, Abiff made a motion for speedy trial under OCGA § 17-7-171 (a), and, when no trial was had by July 6, 1989, sought an acquittal under OCGA § 17-7-171 (b).

The state defended on the ground the statute requires the trial court’s permission, which…