Georgia Criminal Lawyer Blog

In a 4-3 ruling the Georgia Supreme Court said the state did not violate Jamie Ryan Weis’ right to a speedy trial.  Mr. Weis had been without lawyers for two years because the state lacked the funds to pay for his defense.

Writing for the majority, Justice Melton said the trial court was correct to appoint local public defenders, in spite of the fact that one of these attorneys had a caseload exceeding four hundred and had not maintained the certification necessary to defend death penalty cases.

Writing in dissent, Justice Thompson stated, “If the state wants to seek the death penalty against an indigent defendant, it must provide adequate funds for a full and vigorous defense.  The state cannot shirk this responsibility because it is experiencing budgetary constraints.”  Justice Thompson added, “The bottom line is that the state should not be allowed to fully arm its prosecutors while it hamstrings the defense and blames defendant for any resultant delay.”

Weis v. The State