State v. Blair
2015 Ohio 3604
Ohio Ct. App.2015Background
- Defendant William L. Blair, Jr. was indicted for one count of falsification to obtain a concealed handgun license based on false answers on a 2012 application.
- Blair was arrested Feb. 28, 2013; indicted Feb. 26, 2013; released on bond; case assigned to Judge Steven Dankof, later transferred to Judge William Wolff.
- Judge Dankof ordered competency examinations (Aug. 27 and Oct. 28, 2013); competency hearing held Jan. 9, 2014; court found Blair competent Jan. 13, 2014.
- Blair moved to dismiss for speedy-trial violations on May 9, 2014; trial court (visiting judge) denied the motion the morning of trial.
- Defense sought to call former presiding Judge Dankof as a lay witness to testify about Blair’s apparent reading difficulties; trial court excluded the testimony.
- Jury convicted Blair; court sentenced him to 12 months. Blair appeals, arguing (1) speedy-trial tolled improperly, and (2) denial of compulsory-process rights by excluding Judge Dankof’s testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether speedy-trial time was tolled during competency proceedings | State: Time tolled while competence was being determined under R.C. 2945.72(B) | Blair: Time not tolled because neither party requested competency exam | Court: Tolled from Aug. 27, 2013 to Jan. 13, 2014; no speedy-trial violation |
| Whether exclusion of former judge’s testimony violated compulsory-process right | State: Testimony improper (requires expert; prior judge only observed difficulty; Evid.R. 605 concerns) | Blair: Dankof would give lay-observation testimony about Blair’s reading difficulties to negate knowing falsity | Court: No abuse of discretion; exclusion not preserved/proffered and was harmless; no prejudice shown |
Key Cases Cited
- State v. Palmer, 84 Ohio St.3d 103 (recognizes tolling while competence is being determined)
- State v. Morris, 141 Ohio St.3d 399 (harmless-error/prejudice standard for excluded evidence)
- State v. Brown, 38 Ohio St.3d 305 (procedural rule that denial of in limine motion generally must be preserved at trial to be reviewable)