State v. Cottrill
2012 Ohio 1525
Ohio Ct. App.2012Background
- Indictment filed Sept. 24, 2010 charging Cottrill with felonious assault under R.C. 2903.11.
- Cottrill initially pled not guilty; later filed a pro se motion for discharge based on statutory speedy-trial grounds (June 28, 2011).
- Trial court overruled the motion; Cottrill entered a no-contest plea and was sentenced to four years in prison.
- Appellate counsel filed an Anders brief, suggesting a single arguable issue on speedy-trial rights.
- Court limited review to statutory speedy-trial grounds; rejected constitutional arguments raised for the first time on appeal.
- Court affirmed the conviction, holding waiver of statutory speedy-trial rights valid and no error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether statutory speedy-trial waiver bars relief | Cottrill relied on statutory speedy-trial violation. | Cottrill waived speedy-trial rights via written waiver signed with counsel. | Waiver valid; no statutory violation meriting discharge |
Key Cases Cited
- State v. O’Brien, 34 Ohio St.3d 7 (Ohio 1987) (constitutional speeding may extend beyond statutory; not central here)
- State v. Sedlak, 2011-Ohio-870 (Portage App. 2011) (distinguishes constitutional vs statutory speedy-trial analysis)
- State v. Stephens, 2009-Ohio-750 (Pike App. 2009) (constitutional arguments not raised on appeal may be waived)
- State v. Clark, 2007-Ohio-6621 (Athens App. 2007) (distinguishes statutory waiver issues on speedy-trial grounds)