In re D.S.
2012 Ohio 2213
Ohio Ct. App.2012Background
- D.S., a juvenile, was charged in juvenile court with murder and related offenses under SYO (serious youthful offender) provisions after a May 2010 indictment.
- On remand from an earlier reversal, the trial court ordered concurrent DYS disposition with firearm specifications and merged allied offenses as appropriate.
- DS remained in custody; the speedy-trial clock for felony charges would ordinarily run within 270 days, with tolling possible for certain events; SYO timing begins at specified triggers under R.C. 2152.13.
- The State filed a January 13, 2010 discovery request; DS did not respond to the request, and multiple hearings followed before trial in August 2010.
- DS asserted his right to a speedy trial was violated and his counsel was ineffective for not moving to dismiss, and the trial court did not toll the speedy-trial clock based on discovery issues.
- The appellate court held the speedy-trial right was violated and reversed and remanded for DS’s discharge, with the dissent separately arguing the opposite.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DS's speedy-trial right was violated | DS argues discovery tolling should extend the clock. | State argues no tolling occurred and speedy trial was timely. | Speedy-trial violation sustained; tolling not properly applied. |
| Whether trial counsel was ineffective for not raising the speedy-trial issue | DS contends ineffective assistance given failure to motion-to-dismiss on delay grounds. | State contends no statutory or constitutional delay prejudicing the case. | Ineffective assistance sustained as part of the same assignment; remaining issues moot. |
Key Cases Cited
- State v. Palmer, 112 Ohio St.3d 457 (2007-Ohio-374) (reciprocal discovery neglect tolls speedy-trial clock; no prejudice required)
- State v. Barb, 2008-Ohio-5877 (8th Dist. No. 90768 (2008)) (reasonable time to respond to discovery tolled for speedy-trial purposes)
- State ex rel. Williams v. Court of Common Pleas, 42 Ohio St.2d 433 (1975) (speedy-trial time not applicable to juvenile cases absent SYO)
- State v. Brown, 98 Ohio St.3d 121 (2002-Ohio-7040) (discovery delays tolled only if defense neglects; limits on tolling dependent on authority)
- State v. Owens, 1992 WL 142681 (2d Dist. No. 13054) (delay analysis requires cause and effect; not every post-motion delay tolls time)