Legal Opinion
Phan v. State
Supreme Court of Georgia
Decided June 28, 2010No. S10A0374PublishedCited by 12 opinions
1Opinion of the Court
Melton, Justice.
On July 6, 2009, the trial court in this capital murder case denied both Khahn Dinh Phan’s motion to dismiss the charges against him and his motion asserting a speedy trial violation. As the basis for these motions, Phan maintains that, pursuant to Vermont v. Brillon, _ U. S. __ (III) (C) (129 SC 1283, 173 LE2d 231) (2009), there has been a “systemic breakdown in the public defender system” caused by a lack of funding. In its order denying Phan’s motions, the trial court requests direction from this Court, finding that the law that it must apply is unclear. With this request…
2Cases cited8 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Zedner v. United StatesSupreme Court of the United States · 2006
- Layman v. StateSupreme Court of Georgia · 2008
- Washington v. StateSupreme Court of Georgia · 1979
- Weis v. StateSupreme Court of Georgia · 2010
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. BucknerSupreme Court of Georgia · 2013
- Higgenbottom v. StateSupreme Court of Georgia · 2011
- Phan v. StateSupreme Court of Georgia · 2012
- Teasley v. StateCourt of Appeals of Georgia · 2010
- Dillard v. StateSupreme Court of Georgia · 2015
7 more not listed; retrieve them via the Exa API.