Smith v. State

Blackburn, Presiding Judge.

Following the denial of his motion for discharge and acquittal, Hubert Smith appeals, arguing that the trial court erred in its finding that his Sixth Amendment right to a speedy trial had not been violated. For the reasons stated below, we affirm.

This case is before us on a pre-trial appeal based on the holdings of the Supreme Court of Georgia. We note our failure to follow United States Supreme Court precedent in United States v. MacDonald 1 on the issue of pre-trial direct appeal on speedy trial denials based on alleged Sixth Amendment federal constitutional…