Welcome to The Briefcase

Commentary and analysis of Ohio criminal law and whatever else comes to mind, served with a dash of snark.  Continue Reading »

×

Speedy Trial

A couple of notes on speedy trial issues....

First, last week in State v. Hull the Ohio Supreme Court held that the speedy trial statute doesn't apply after an appellate court's vacation of a no contest plea.  There'd been a contrary holding from our district two years ago in State v. Parker.  Even Parker had held that speedy trial didn't apply after reversal of a verdict, so now the law is crystal clear:  if you've got a case that came back from the court of appeals, for whatever reason, the only speedy trial rights that apply are constitutional.  I'm not entirely comfortable with the decision -- it really doesn't engage in any more analysis than that the legislature didn't mention remands when it passed the statute -- but it's not too far-fetched, either, and it at least has the virtue of clarifying the law.

The other day a lawyer asked me the effect of speedy trial and reindictment, more particularly, whether the time runs during the period between dismissal and reindictment.  This is pretty much of a no-brainer:  it doesn't.  The time under the original indictment is counted, at least when the new indictment is based on the same facts as the original one, and then picks up again when the defendant is arrested or arraigned under the new one, according to State v. Broughton, 62 OSt2d 253. 

A couple of caveats to that.  First, if the defendant is held in jail or on bail during the interval, the time does count.  Speedy trial is calculated when there is a charge pending against the defendant, and if he's in jail or on bail, it's still pending.  Second, there's a contrary holding out of the 1st District way back in 1976, in State v. Justice, 49 OApp2d 46, where the state dismissed a DWI case, then refiled, and the court held that the time should be calculated from the original arrest, with no tolling.  You can always run that up the flagpole and see who salutes (and hope that the judge and prosecutor don't know any better), but I'm not too fond of citing cases that were decided back during the Ford administration, especially when there's an intervening Supreme Court case that blows you away.

Search

Recent Entries

  • May 25, 2017
    "Clarifying" post-release controls
    A look at the Supreme Court's decision in State v. Grimes
  • May 23, 2017
    What's Up in the 8th
    Allied offenses, and two search cases
  • May 23, 2017
    What's Up in the 8th
    Allied offenses, and two search cases
  • May 22, 2017
    Case Update
    Is SCOTUS looking for a forfeiture case? Plus, appellate decisions on expungement and restitution, plain error, and what a judge has to tell a defendant about sex registration
  • May 19, 2017
    What's Up in the 8th - Part II
    Decisions on lineups and prior calculation and design, and two out of eight (eight!) pro se defendants come up winners,
  • May 17, 2017
    What's Up in the 8th - Part I
    Taking a first look at some of the 8th District's decisions over the past two weeks
  • May 16, 2017
    Case Update
    Stock tips, Federal sentencing reform goes dormant, schoolbag searches, and the retroactivity of State v. Hand
  • May 8, 2017
    Case Update
    Death in Arkansas, a worrisome disciplinary decision, and appellate cases on speedy trial, arson registration, use of prior testimony, and the futility of post-conviction relief
  • May 2, 2017
    What's Up in the 8th
    Nothing but sex
  • May 1, 2017
    Case Update
    SCOTUS closes out oral argument for the Term, the Ohio Supreme Court has seven of them this week, and we report on a decision where you'll probably want to play Paul Simon's "Still Crazy After All These Years" in the background while you read about it