Appeal filed in Bobby Buckner's indictment dismissal - WTOC-TV: Savannah, Beaufort, SC, News, Weather & Sports

Appeal filed in Bobby Buckner case

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Bobby Buckner (Source: Chatham County Detention Center) Bobby Buckner (Source: Chatham County Detention Center)
Ashleigh Moore Ashleigh Moore
SAVANNAH, GA (WTOC) -

An appeal has been filed on the dismissal of an indictment against a man accused of the 2003 strangling of a 12-year-old girl.

A 2007 indictment against Bobby Buckner on murder charges of Ashleigh Moore was dismissed on May 30.

The 36-page ruling from Judge Penny Haas-Freesemann declared his Sixth Amendment right to a speedy trial had been violated.

The appeal has been filed with the Georgia Supreme Court of Chatham County Superior Court.

The Chatham County District Attorney's Office decided to file the appeal based on a review of the Judge Freesemann's order; review the transcripts and the record of the court proceedings and after discussions with Ashleigh's family about their wishes to appeal, according to the district attorney's office.

The question asked in the appeal is whether the judge abused her discretion by making findings of fact in her dismissal that are wrong or unsupported by the record or whether she made findings that misstate or misapplies the law, according to the DA's office.

It also addresses the issue of a right to a speedy trial; what factors were involved in creating the delay; and the impact that the delay had on the case, according to the DA's office.

Buckner remains in custody with no chance of release until May 2016 on charges stemming from separate crimes.

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