Milner v. State

3 Citing cases

  1. Taylor v. State

    338 Ga. App. 804 (Ga. Ct. App. 2016)   Cited 5 times   1 Legal Analyses
    Discussing those prior appeals

    State v. Buckner , 292 Ga. 390, 393 (3) (a), 738 S.E.2d 65 (2013). And there is no bright-line rule that all uncommonly long delays must be weighed heavily against the State. Milner v. State , 329 Ga.App. 654, 658 (2)(a), 765 S.E.2d 790 (2014) (physical precedent only). See also Stewart v. State , 310 Ga.App. 551, 553–554 (2) (a), 713 S.E.2d 708 (2011) (trial court did not abuse discretion by declining to weigh five-year-long delay heavily against State).

  2. Holland v. State

    357 Ga. App. 87 (Ga. Ct. App. 2020)   Cited 2 times

    However, we have held that no particular length of delay requires the trial court to weigh that factor heavily against the State "because the idea of a bright-line rule is anathema to the analysis of speedy trial claims." Milner v. State , 329 Ga. App. 654, 658 (2) (a), 765 S.E.2d 790 (2014) (physical precedent only); see State v. Pickett , 288 Ga. 674, 678 n. 1, 706 S.E.2d 561 (2011) (noting that a bright-line rule allowing the presumption of prejudice after any period of delay to automatically trump the other Barker factors would be contrary to the case-by-case balancing required by Barker and this Court's precedent). In fact, longer delays have not been weighed heavily against the State.

  3. Myers v. State

    898 S.E.2d 834 (Ga. Ct. App. 2024)   Cited 1 times

    Indeed, "the idea of a bright-line rule is anathema to the analysis of speedy trial claims … [, which must be decided] on an ad hoc basis." Milner v. State, 329 Ga. App. 654, 658 (2) (a), 765 S.E.2d 790 (2014) (citations and punctuation omitted). [12] Here, the trial court did not find the length of the delay to be uncommonly long, and instead held it to be neutral and benign under the unique circumstances of the case.