State v. Dunn, 2015 Ohio 3138

Dunn was indicted in November 2012 for aggravated murder, murder, two counts of felonious assault, kidnapping, and weapons under disability; he elected to bifurcate the weapons charge and tried it to the bench, other counts to a jury.
Evidence at trial showed Adams was shot multiple times at the Red Zone car wash; PCP in Adams's system suggested drug influence.
Several witnesses testified about Dunn and Adams and the car wash, but only Reginald Longstreet positively identified Dunn as the shooter; surveillance video was inconclusive.
Two different shell casings and surveillance video were recovered; cellphone records and tower data were introduced to locate Dunn.
An alibi dispute arose when Facebook communications were revealed; the state created and used a fictitious profile of a woman to challenge alibi witnesses, prompting an internal investigation and a Crim.R. 48(B) dismissal motion.
The trial court refused to dismiss the indictment; Dunn was convicted on most counts and sentenced to 25 years to life for aggravated murder, with a three-year firearm specification, and the judgment was affirmed on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Crim.R. 48(B) dismissal was proper	Dunn	Dunn sought dismissal due to prosecutorial misconduct	No abuse of discretion; dismissal denied
Admissibility of cell-tower testimony	Dunn	No legitimate expert required; records explained	No abuse of discretion; testimony admitted
Flight instruction appropriateness	Dunn	Flight instruction warranted by evidence	Instruction error but not prejudicial; still affirmed

State v. Redi Car Wash, 51 Ohio App.3d 60 (8th Dist. 1988) (trial court abuse of discretion standard for Crim.R. 48(B) sanctions; preservation of integrity of proceedings)
State v. Sutton, 64 Ohio App.2d 105 (9th Dist. 1979) (dismissal with prejudice excessive; limits on prosecutorial misconduct sanctions)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard; substantial rights safeguard)