2019 Ohio 1055
Ohio Ct. App.2019Background
- Defendant Scott Camelin was indicted May 19, 2017 on multiple counts of rape and sexual battery involving his daughter; arrested May 20, 2017.
- Multiple pretrial filings: defendant sought a bill of particulars requesting specific dates/times; prosecution produced a supplemental bill of particulars on the morning of the December 4, 2017 trial date.
- Defendant requested a continuance on December 4, 2017 to review the supplemental bill; trial was continued to April 16, 2018.
- Defendant moved to dismiss on speedy-trial grounds under R.C. 2945.71(C)(2) and (E); trial court held a hearing and denied the motion.
- Defendant pled no contest April 17, 2018 to three counts of third-degree sexual battery; sentenced to three, three, and four years to run consecutively (10 years total).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the December 4, 2017–April 16, 2018 period should be charged to the state for speedy-trial computation | State: delay resulted from defendant’s request for a continuance once new details were disclosed; prosecution did not act in bad faith | Camelin: supplemental bill of particulars produced on morning of trial was dilatory; time should be charged to the state because the tardy disclosure forced his continuance | Court held time charged to defendant; prosecution did not conceal info or act in bad faith, so speedy-trial claim fails |
| Whether the prosecution violated its duty to provide specific dates/times in response to a bill of particulars | State: specific dates/times were not in its possession earlier because child progressively supplied more detail; prosecution furnished what it knew when it knew it | Camelin: prosecution had or could have had the specifics earlier and unreasonably delayed disclosure | Court held prosecution complied with Sellards/Lawrinson obligations; it could not have produced details before the victim provided them |
Key Cases Cited
- Brecksville v. Cook, 75 Ohio St.3d 53 (Ohio 1996) (speedy-trial statutes strictly construed against the state)
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (constitutional speedy-trial framework)
- Blackburn v. State, 118 Ohio St.3d 163 (Ohio 2008) (statutory speedy-trial time for felonies)
- Ramey v. State, 132 Ohio St.3d 309 (Ohio 2012) (tolling principles under R.C. 2945.72)
- Sellards v. State, 17 Ohio St.3d 169 (Ohio 1985) (purpose and scope of bill of particulars)
- Lawrinson v. State, 49 Ohio St.3d 238 (Ohio) (prosecutor must provide specific dates/times if possessed)