Defense asks court to allow statutory speedy-trial filing after years-long arraignment delays; judge accepts waiver and will review process

Judge Tammy Long Hayward accepted a waiver of arraignment for Cassandra Lachey Marshall on Feb. 4 and granted defense counsel permission to file a statutory speedy-trial request after the attorney said years-long delays between the state’s filing of accusations and arraignment dates were denying indigent defendants the statutory remedy.

The defense attorney, who did not provide a full name on the record, told the court Marshall “has a right to a speedy trial both under the Constitution and on the Georgia statute,” and pressed the judge to allow a statutory filing even though the lawyer believed the statutory deadline would ordinarily be out of time because arraignment dates were scheduled years after the accusations were filed. The attorney said the delay “denies the right to file a statutory speedy [trial]” and gives the state more time than would otherwise be available.

“I’ll give you the ability to file a statutory,” Judge Tammy Long Hayward said, and she accepted the waiver of arraignment. The judge told defense counsel she would “discuss with Ms. Gross and Mr. Brooks the ability to get these cases moved or what we’re gonna do with respect to the ability to file a speedy” when delays exist between accusation and arraignment.

The defense noted the case stems from 2024 but that the arraignment occurred only this month; the judge said the case would be placed “at the top of the next calendar” following motions. No trial date was announced during the arraignment docket.

Why it matters: Counsel framed the issue as broader than a single client, saying a “whole class of indigent defendants here are being denied their ability to file a statutory speedy [trial].” The judge directed discussion with court and prosecutorial staff about adjusting scheduling and procedures when the state’s paperwork and arraignment scheduling are separated by long intervals.

The court’s action was procedural: acceptance of Marshall’s waiver of arraignment and permission to file a statutory speedy-trial motion. The transcript does not record any immediate ruling on that statutory motion, nor does it record a new trial date invoked at this hearing.

Court next steps: Judge Hayward said she would confer with the listed prosecutors and court staff about moving cases and will place Marshall’s matters at the top of the next motions calendar. The judge also instructed that Marshall’s speedy-trial status be kept “at the top of the list” for scheduling purposes.

(Transcript: arraignment calendar discussion on Feb. 4, 2025.)