Bobby Buckner (Source: Chatham County Detention Center)
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
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
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
Buckner remains in
custody with no chance of release until May 2016 on charges stemming from