State v. Beal
2021 Ohio 3812
| Ohio Ct. App. | 2021Background
- Victim (Jane Doe) was 16; appellant Michael Beal repeatedly came to her workplace and followed her on May 17, 2020; her father confronted Beal, who fled.
- Investigation revealed Beal had three prior menacing-by-stalking convictions; a secret indictment charged one count of menacing by stalking (fourth-degree felony) on July 23, 2020.
- Beal was arrested May 18, 2020 and remained incarcerated; speedy-trial clock ran from May 19, 2020 (270 days for a felony, triple-counted while incarcerated).
- Trial-court entries of August 4 and September 14, 2020 tolled speedy-trial time sua sponte, citing COVID-19, a crowded docket, and priority cases; Beal filed motions to dismiss for speedy-trial violation.
- Beal pleaded no contest on October 30, 2020, was sentenced to five years community control, and appealed the denial of his speedy-trial dismissal motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying Beal's motion to dismiss for violation of speedy-trial statutes where the court entered sua sponte continuances | State: Continuances were reasonable and journalized; COVID-19 and a crowded docket justified tolling under R.C. 2945.72(H) | Beal: Continuances occurred after statutory emergency tolling ended (July 30, 2020) and therefore do not excuse the expired speedy-trial deadline | Court held continuances were reasonable in purpose and length, adequately journalized, tolled speedy-trial time, and Beal's rights were not violated; judgment affirmed |
Key Cases Cited
- State v. Ladd, 56 Ohio St.2d 197, 383 N.E.2d 579 (Ohio 1978) (recognizes speedy-trial right as mandatory and incorporated against the states)
- State v. Pachay, 64 Ohio St.2d 218, 416 N.E.2d 589 (Ohio 1980) (statutory speedy-trial provisions must be strictly enforced)
- State v. Lee, 48 Ohio St.2d 208, 357 N.E.2d 1095 (Ohio 1976) (trial record must affirmatively show reasonableness of sua sponte continuance)
- State v. Mincy, 2 Ohio St.3d 6, 441 N.E.2d 571 (Ohio 1982) (continuance order and reasons must be journalized before speedy-trial deadline expires)
- State v. Palmer, 112 Ohio St.3d 457, 860 N.E.2d 1011 (Ohio 2007) (failure to respond reasonably to reciprocal discovery request can toll speedy-trial time)
- In re Disqualification of Fleegle, 161 Ohio St.3d 1263, 163 N.E.3d 609 (Ohio 2020) (continuances because of the pandemic may be reasonable under R.C. 2945.72(H))
- State v. Martin, 56 Ohio St.2d 289, 384 N.E.2d 239 (Ohio 1978) (reasonableness of continuance is relevant to tolling analysis)