State v. Moses

How courts have described this case

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

• holding the slightly more than four-year delay far exceeded the one-year benchmark for presumptive prejudice and thus weighed against the state
• finding no abuse of discretion where the length of pretrial delay, at a little over four years, was weighed as a factor against the State, but not specifically weighed heavily against the State
• factors warranting mitigation included defendant’s appearance and announcement of ready for trial when state was not prepared to try the case
• 48-month delay, combined with lack of complexity of the case, could support a presumption of actual prejudice
• circumstances can mitigate a defendant’s delay in asserting his right to trial

Source: CourtListener parenthetical corpus (CC0).

Cited by

11 cases in this archive cite this case.

• Stewart v. State
  Court of Appeals of Georgia· 2011-07-06· cited 24×
• State v. Shirley
  Court of Appeals of Georgia· 2011-06-30· cited 15×
• 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. Reimers
  Court of Appeals of Georgia· 2011-07-14· cited 9×
• State v. Ivory
  Court of Appeals of Georgia· 2010-07-07· cited 8×
• Butler v. State
  Court of Appeals of Georgia· 2011-03-17· cited 5×
• State v. Hartsfield
  Court of Appeals of Georgia· 2011-03-24· cited 4×
• Leverett v. State
  Court of Appeals of Georgia· 2012-01-26
• State v. Marcus Daniel Dixon
  Court of Appeals of Georgia· 2019-10-25
• Jae Sun Jung v. State
  Court of Appeals of Georgia· 2019-12-04

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

• Barker v. Wingo
  Supreme Court· 1972-06-22· cited 12,108×
• Doggett v. United States
  Supreme Court· 1992-06-24· cited 3,106×
• Ruffin v. State
  Supreme Court of Georgia· 2008-06-30· cited 168×
• Brannen v. State
  Supreme Court of Georgia· 2001-10-05· cited 66×
• Williams v. State
  Supreme Court of Georgia· 2004-02-16· cited 58×
• State v. Redding
  Supreme Court of Georgia· 2002-03-11· cited 52×
• State v. Johnson
  Supreme Court of Georgia· 2001-11-28· cited 50×
• Hayes v. State
  Court of Appeals of Georgia· 2009-06-15· cited 49×
• Hester v. State
  Court of Appeals of Georgia· 2004-06-24· cited 30×
• Bowling v. State
  Supreme Court of Georgia· 2009-02-09· cited 29×
• Frazier v. State
  Court of Appeals of Georgia· 2006-03-03· cited 27×
• State v. Giddens
  Court of Appeals of Georgia· 2006-07-24· cited 19×
• Disharoon v. State
  Court of Appeals of Georgia· 2007-10-23· cited 16×
• Moore v. State
  Court of Appeals of Georgia· 2008-11-14· cited 15×
• State v. Allgood
  Court of Appeals of Georgia· 2001-11-29· cited 14×
• Simmons v. State
  Court of Appeals of Georgia· 2008-03-14· cited 12×
• Robinson v. State
  Court of Appeals of Georgia· 2009-06-02· cited 10×
• State v. Reid
  Court of Appeals of Georgia· 2009-06-05· cited 8×
• Jones v. State
  Court of Appeals of Georgia· 2007-03-01· cited 5×
• Arbegast v. State
  Court of Appeals of Georgia· 2009-09-28· cited 4×