If many cases when the State misses your statutory speedy trial demand, they will consent to the discharge and acquittal of your client. Many prosecutors will ask the jury clerk if there were jurors available to try the case and, if so, do the right thing and dismiss the case. However, despite their ethical obligation to “do the right thing”, some prosecutors will make you actually prove up the basis for the dismissal. It is not difficult to do, but you need to get your ducks in a row. Below are the basic documents that you need in order to meet your burden at a hearing on the discharge and acquittal.
NOTICE OF FILING OF AFFIDAVIT OF JURY CLERK
Comes Now, the Defendant, by and through the undersigned counsel, and hereby gives notice of the filing of an affidavit of Mr. Marlon Greathouse, a Deputy Jury Clerk for Fulton County Jury Services. The affidavit of Mr. Greathouse is attached hereto as Exhibit A. This affidavit is filed in support of the Defendant's motion for discharge and acquittal based upon O.C.G.A. § 17-7-170(b). This affidavit is sufficient to meet the Defendant's evidentiary burden under O.C.G.A. § 17-7-170(b) pursuant to State v. Edminson, 265 Ga. App. 91, 92, 593 S.E.2d 18, 19 (2003).
Respectfully Submitted, this 26th day of January, 2017.
State Bar No. ————
Attorney for Defendant
The Sessions Law Firm, LLC
115 M.L.K., Jr., Dr., SW, #410
Atlanta, GA 30303