GA 17-7-171 - GA 17-7-171

Application Motion should have been denied when prejudice from delay not shown. - Because the defendant failed to show evidence that any prejudice resulted by a 15-month delay in the filing of formal charges, specifically, evidence of either actual anxiety or concern or any specific evidence as to how the delay impaired the ability to present a defense, the trial court abused the court's discretion in finding otherwise. State v. Moore, 289 Ga. App. 99 , 656 S.E.2d 156 (2007), cert. denied, No. S08C0808, 2008 Ga. LEXIS 483 (Ga. 2008). Applying four-part Barker speedy trial test: (1) the length of the delay; (2) the reason for the delay; (3) the assertion of the right to a speedy trial; and (4) prejudice to the defendant, the appeals court decided that the defendant's U.S. Const. amend. 6, G...