State v. Coleman
2020 Ohio 2807
Ohio Ct. App.2020Background
- John C. Coleman was arrested January 26, 2018 and indicted February 14, 2018 on two counts of second-degree burglary (incidents dated July 28 and September 25, 2017).
- He pleaded not guilty; after pretrial proceedings and multiple continuances, a jury convicted him and he was sentenced following a trial on March 5, 2019.
- Coleman filed a pro se motion to dismiss on speedy-trial grounds in a separate case but did not file a formal R.C. 2945.73(B) motion in the case on appeal (CR-2018-01-0287).
- The State argued (as of August 20, 2018) that 81 days had accrued toward the 270-day limit and that the triple-counting rule did not apply because Coleman was held on other charges and a Stow Municipal Court sentence.
- The trial court denied the speedy-trial dismissal, noting Coleman’s multiple continuances, requests for new counsel, periods of self-representation, and time served on other matters; Coleman declined to file a separate, comprehensive speedy-trial motion in this case.
- On appeal Coleman provided an undeveloped speedy-trial argument; the Ninth District found the claim unpreserved/meritless and affirmed his convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Coleman’s statutory and constitutional right to a speedy trial was violated | The State: no violation — only 81 days had accrued as of Aug 20, 2018; triple-counting inapplicable because Coleman was detained on other charges/a municipal sentence | Coleman: trial exceeded the applicable speedy-trial period (claimed not tried within 90 days/triple-count) — but he failed to file a proper motion or develop the argument | Court: denial affirmed — Coleman failed to preserve/develop the claim; triple-count did not apply given concurrent detentions and continuances; speedy-trial claim lacked merit |
Key Cases Cited
- State v. Pachay, 64 Ohio St.2d 218 (1980) (recognizes the right to a speedy trial and explains statutory speedy-trial provisions enforce the constitutional right)
- State v. O’Brien, 34 Ohio St.3d 7 (1987) (constitutional and statutory speedy-trial guarantees are coextensive)
- State v. Steiner, 71 Ohio App.3d 249 (1991) (the day of arrest is not counted when computing speedy-trial time)