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STATE v. GAY

No. A12A2155.

741 S.E.2d 217 (2013)

321 Ga. App. 92

The STATE v. GAY.

Court of Appeals of Georgia.

March 29, 2013.

Attorney(s) appearing for the Case

Paul L. Howard Jr. , Joshua Daniel Morrison , for Appellant.

Jennifer Schweitzer Yoxall , Alixe Elisabeth Steinmetz , for Appellee.

McMILLIAN, Judge.

The trial court granted Fredrick Gay's motion to dismiss indictment based on a violation of Gay's constitutional right to a speedy trial. On appeal, the State claims that the trial court improperly applied the balancing test set out by the United States Supreme Court in Barker v. Wingo, 407 U.S. 514, 530(IV), 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972). For the reasons set forth below, we agree and therefore vacate...

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