Madden v. State

Smith, Judge.

Justice delayed is justice denied and because of a purposeless, inexcusable, neglectful, thirteen-month delay in indictment, we reversed the conviction of Charles Madden. Madden v. State, 147 Ga. App. 39 (248 SE2d 37) (1978). The Supreme Court, on certiorari, reversed us because, they said, Madden had shown no "actual prejudice” caused by the delay. They relied upon United States v. Marion, 404 U. S. 307 (92 SC 455, 30 LE2d 468) (1971), to reach this result.

The excerpt from Marion quoted by the Supreme Court shows, on its face, the distinctions between Marion and this case. In…