Legal Opinion

Over v. State

Court of Appeals of Georgia

Decided February 3, 2010No. A09A2357PublishedCited by 13 opinions

1Opinion of the Court

Barnes, Judge.

David F. Over appeals the denial of his motion for discharge and acquittal, contending the 22-month delay between his arrest and motion violated his right to a speedy trial under the Sixth Amendment of the United States Constitution. While the trial court erred in holding that an overcrowded docket was not a delay caused by the government for which the State was not at fault, for the reasons that follow we affirm the denial of the motion to dismiss.

The right to a speedy trial is different from other constitutional rights, because society has an interest in ensuring that cases…

2Cases cited18 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Doggett v. United StatesSupreme Court of the United States · 1992
  3. United States v. EwellSupreme Court of the United States · 1966
  4. Ruffin v. StateSupreme Court of Georgia · 2008
  5. Boseman v. StateSupreme Court of Georgia · 1994

13 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Ward v. StateCourt of Appeals of Georgia · 2011
  2. Fleming v. StateCourt of Appeals of Georgia · 2013
  3. Simmons v. StateCourt of Appeals of Georgia · 2010
  4. Carder v. StateCourt of Appeals of Georgia · 2011
  5. Jones v. StateCourt of Appeals of Georgia · 2010

8 more not listed; retrieve them via the Exa API.

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