Hester v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• in case involving presumptively prejudicial five-year delay and actual impairment of the defense following death of a witness, trial court erred in weighing prejudice factor against defendant
• “[m]aterial in the possession of an investigating law enforcement agency is deemed to be in the possession of the State, whether or not it is in the prosecutor’s file”
• “[m]aterial in the possession of an investigating law enforcement agency is deemed to be in the possession of the State, whether or not it is in the prosecutor’s file”
• “While a five-year delay may be unintentional, it is certainly not benign.”
• “While a five-year delay may be unintentional, it is certainly not benign.”
• given mitigating factors of the state’s delay in indicting the defendant and the delay in appointment of counsel, the trial court could weigh against the defendant her delay in asserting her speedy trial rights, but it could not weigh the factor heavily against her

Source: CourtListener parenthetical corpus (CC0).

Cited by

30 cases in this archive cite this case; the 20 most cited are listed.

• State v. White
  Supreme Court of Georgia· 2008-01-08· cited 78×
• Hayes v. State
  Court of Appeals of Georgia· 2009-06-15· cited 49×
• Higgenbottom v. State
  Supreme Court of Georgia· 2011-11-29· cited 23×
• Ditman v. State
  Court of Appeals of Georgia· 2009-11-19· cited 18×
• Weems v. State
  Court of Appeals of Georgia· 2011-07-06· cited 16×
• Moore v. State
  Court of Appeals of Georgia· 2008-11-14· cited 15×
• Threatt v. State
  Court of Appeals of Georgia· 2006-11-21· cited 14×
• Hardeman v. State
  Court of Appeals of Georgia· 2006-06-27· cited 12×
• State v. Stallworth
  Court of Appeals of Georgia· 2008-08-22· cited 12×
• Grizzard v. State
  Court of Appeals of Georgia· 2009-12-14· cited 12×
• State v. Moses
  Court of Appeals of Georgia· 2009-11-17· cited 11×
• Goddard v. State
  Court of Appeals of Georgia· 2012-05-15· cited 11×
• Simmons v. State
  Court of Appeals of Georgia· 2010-05-11· cited 10×
• State v. Godfrey
  Court of Appeals of Georgia· 2011-03-15· cited 10×
• Kemp v. State
  Court of Appeals of Georgia· 2012-02-23· cited 9×
• State v. Ivory
  Court of Appeals of Georgia· 2010-07-07· cited 8×
• Carder v. State
  Court of Appeals of Georgia· 2011-10-14· cited 8×
• Henderson v. State
  Court of Appeals of Georgia· 2008-03-21· cited 7×
• Davis v. State
  Court of Appeals of Georgia· 2009-11-19· cited 5×
• Jones v. State
  Court of Appeals of Georgia· 2007-03-01· cited 5×

Cites

15 cases in this archive are cited by this case.

• Barker v. Wingo
  Supreme Court· 1972-06-22· cited 12,108×
• Doggett v. United States
  Supreme Court· 1992-06-24· cited 3,106×
• Vansant v. State
  Supreme Court of Georgia· 1994-05-31· cited 478×
• Boseman v. State
  Supreme Court of Georgia· 1994-01-24· cited 143×
• Johnson v. State
  Supreme Court of Georgia· 1997-09-22· cited 66×
• Williams v. State
  Supreme Court of Georgia· 2004-02-16· cited 58×
• Perry v. Mitchell
  Supreme Court of Georgia· 1984-11-07· cited 54×
• State v. Redding
  Supreme Court of Georgia· 2002-03-11· cited 52×
• State v. Johnson
  Supreme Court of Georgia· 2001-11-28· cited 50×
• State v. Allgood
  Court of Appeals of Georgia· 2001-11-29· cited 14×
• State v. Hight
  Court of Appeals of Georgia· 1980-10-22· cited 12×
• Callaway v. State
  Court of Appeals of Georgia· 2002-10-22· cited 11×
• Collingsworth v. State
  Court of Appeals of Georgia· 1997-01-27· cited 7×
• Mayfield v. State
  Court of Appeals of Georgia· 2003-12-04· cited 7×
• Smiley v. State
  Court of Appeals of Georgia· 2003-03-13· cited 3×