Legal Analysis of the Sixth Amendment Violation in the Georgia v. Buckner Case
Introduction
Before explaining the legal mechanisms and principles that led to the dismissal of Bobby Lavon Buckner’s indictment, some basic information about the case should be provided to the press. Bobby Lavon Buckner sued the State of Georgia using “the right to a speedy and public trial” guaranteed by the Sixth Amendment (Sixth Amendment, n.d., para. 1). Buckner, the accused person, is the defending party, and the State is the plaintiff, as in all criminal cases. Another party involved that needs to be mentioned is the family of 12-year-old Ashleigh Moore.
Case Background
Tragedy struck in 2003 when Ashleigh Moore was kidnapped, molested, and murdered. Georgia law enforcement found Buckner, the boyfriend and partner of the deceased’s mother, to be the most likely offender and arrested him (Georgia v. Buckner, 2013). It needs to be clarified that the primary and official reason for the arrest was his violation of probation terms. It was not until 2007 that the Chatham County court system indicted Buckner for the crimes against the late Moore listed above (Georgia v. Buckner, 2013). The reason was the numerous delays in the process of criminal prosecution associated with the evidence of his guilt.
Dismissal of Charges and the Role of the Sixth Amendment
The initial court dismissed the charge following the Sixth Amendment, and then the State appealed this verdict to a higher instance. Its argument was based on the inferences and opinions of the Chief Justices in Doggett v. United States. According to this precedent, the delay in granting the trial is justified when there is a risk of oppressive incarceration of the defendant (Doggett v. United States, 1992). However, the Georgia Chief Justices found no error in the balancing factors by the initial court, and the indictment was found invalid.
Public Awareness of Buckner’s Criminal History and Safety Concerns
A public statement regarding Buckner’s persona and situation must be made. Despite the fact that this specific charge against him has been dismissed, he remains a previously convicted and imprisoned recidivist sex offender and child molester. First, the indictment was dismissed not because the defendant could prove he was innocent, the jury found him so, or the prosecution dropped the charges (Georgia v. Buckner, 2013). It was done because he was not given a speedy trial.
Moreover, there were several severe criminal offenses in his past. It is known that “in March 1996, he pleaded guilty to two counts of child molestation and a statutory rape” (Skutch, 2019, para. 16). Other confessions are “two counts of child molestation, three counts of enticing a child for indecent purposes, two counts of statutory rape … involving four different females under age 16” (Skutch, 2019, para. 20). Therefore, he should not be seen by society as an innocent person who did not commit the crime he is now charged with. The press is advised to mention all these relevant facts and circumstances for public safety and a clear understanding of the situation by the people of Georgia and other states in their news releases.
Conclusion
To conclude, Buckner remains a very dangerous repeat rapist and child predator. His numerous and consistent actions were so immoral and wrong that the State wanted the death penalty for him, the first such case in the history of the Georgia judiciary (Georgia v. Buckner, 2013). He deserves severe and fair punishment, and none of his confessions or dismissed indictments should soften the opinion of society and the authorities about him.
References
Charleston Criminal Defense Lawyer. (2022). The history of the Sixth Amendment right to counsel. Law Office of Grant B. Smaldone. Web.
Doggett v. United States. (1992). Oyez. Web.
Effective assistance at critical stages. (n.d.). Sixth Amendment Center. Web.
Georgia v. Buckner. (2013). Justia: US Law. Web.
Gideon v. Wainwright. (1963). Oyez. Web.
Sixth Amendment. (n.d.). Constitution Annotated. Web.
Skutch, J. (2019). Child molester sentenced to 35 years. Savannah Morning News. Web.