For more than three years, Jamie Weis sat in jail awaiting trial in a capital murder case. On Tuesday, his attorneys went before the Georgia Supreme Court to ask them to dismiss the case - or at least the death penalty portion of the case - on the grounds that Weis was denied his right to a speedy trial.

The case began with Justice Hugh Thompson asking if “this is the case that’s going to determine whether Georgia can afford the death penalty.”

That’s because Jamie Weis, who is charged with murder, spent more than three years in jail as the public defenders office wrangled over who would represent Weis. His original lawyers were removed because the state did not have money to pay them.

This, says Weis’ attorney Steven Bright, is a violation of Weis’ constitutional rights.

“If the state is not willing to provide the defense, it can’t just seek the death penalty. If they state feels so strongly, then it has to be willing to pay the cost.”

Representing the prosecution was Robert Smith, who argued the district’s attorney’s office is not responsible for the lack of funding and therefore not accountable for the delay in proceedings.

Smith said dismissing any portion of Weis’ case would set a bad precedent.

Tags: Georgia Supreme Court, Southern Center for Human Rights, decision, jamie weis, indigent defense, bright