2012 Ohio 4673
Ohio Ct. App.2012Background
- Indicted Aug 12, 2011 for criminal drug possession (oxycodone) a felony of the third degree.
- Arraigned Oct 7, 2011; arraignment entry filed Oct 10, 2011.
- Moved to suppress on Nov 14, 2011; trial court denied Nov 17, 2011 as untimely.
- Plea of no contest entered Jan 5, 2012; sentenced Feb 13, 2012 to four years of Community Control.
- Diersing argued Crim.R. 12(D) timing; trial court dismissed for lack of timely filing per local rule 7.07; appellate court reverses and remands.
- Veterans Day holiday affected timing under Crim.R. 45(A); motion timeliness ultimately deemed timely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of motion to suppress under Crim.R. 12(D) | Diersing timely under 35 days after arraignment. | State contends motion untimely due to local rule noncompliance. | Timely filed under Crim.R. 12(D). |
| Sanction for noncompliance with Local Rule 7.07 (oral hearing request) | Dismissal was an overbroad sanction for minor procedural defect. | Compliance required by rule; dismissal proper. | Abuse of discretion to dismiss; remanded for merits. |
Key Cases Cited
- State v. F.O.E. Aerie 2295, 38 Ohio St.3d 53 (Ohio 1988) (waiver relief may be granted for good cause)
- State v. Wade, 53 Ohio St.2d 182 (Ohio 1978) (waiver of objections; good cause may restore rights)
- State v. Moody, 55 Ohio St.2d 54 (Ohio 1978) (discretion to relieve waiver not punitive for minor errors)
- Webster v. Timken Co., 2005-Ohio-1759 (5th Dist. 2005) (judicial discretion to avoid harsh procedural dismissals)
- Dehart v. Aetna Life Insurance Co., 69 Ohio St.2d 189 (Ohio 1982) (proper remedy depends on circumstances; avoid strict, automatic sanctions)
- National Mut. Ins. Co. v. Papenhagen, 30 Ohio St.3d 14 (Ohio 1987) (sanctions must be proportionate to the error)