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Mullinax v. State

Citations

  • 545 S.E.2d 891
  • 273 Ga. 756
  • 2001 Fulton County D. Rep. 1493
  • 2001 Ga. LEXIS 312

How courts have described this case

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

  • defendant compounded the delay in indictment by filing an interlocutory appeal of the trial court’s decision on a bond petition
  • absent some unusual showing, anxiety or concern are not likely to be determinative in defendant’s favor
  • “[T]o establish prejudice, the defendant must show actual anxiety and concern and specific evidence of how the delay impaired his ability to defend himself.”
  • “Anxiety and concern of the accused are 27 always present to some extent, and thus absent some unusual showing are not likely to be determinative in defendant’s favor.”
  • no evidence state’s negligence or deliberate act caused delay in indicting defendant
  • the reason-for-the-delay factor was properly weighed against the defendant where the primary basis for the delay was a backlog at the state crime lab, which was compounded by the defendant’s filing of an interlocutory appeal

Source: CourtListener parenthetical corpus (CC0).

Judges: Thompson

Read full opinion on CourtListener

Cited by

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

Cites

17 cases in this archive are cited by this case.

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