State v. Fornshell
2011 Ohio 3560
Ohio Ct. App.2011Background
- Appellant Jacob Fornshell was cited for OMVI after a July 22, 2009 traffic stop in Lancaster, Ohio.
- Appellant initially pleaded not guilty; trial was set for November 4, 2009 and rescheduled multiple times.
- Appellant deployed to military service, failed to appear for trial, and a bench warrant was issued.
- Appellant later secured counsel, discovery and a jury demand were filed June 30, 2010, and the bench warrant was lifted.
- A trial date was reset for August 17, 2010; on that date, the court denied leave to file an untimely suppression motion, appellant pled no contest, and was convicted; sentence included 180 days with most suspended.
- Appellant appeals the denial of the untimely motion to suppress and raises ineffective-assistance-of-counsel claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of suppression motion | Fornshell argues untimely filing; court abused discretion | State contends timely deadline passed; denial was proper | Untimely motion properly denied |
| Ineffective assistance of prior counsel | Counsel should have filed suppression and reviewed BAC logs | Record insufficient to assess ineffective assistance | No reversible error; argument rejected |
Key Cases Cited
- State v. Wade, 53 Ohio St.2d 182 (1970) (timeliness and waiver of pretrial motions; abuse of discretion standard referenced)
- State v. Adams, 62 Ohio St.2d 151 (1980) (abuse of discretion standard for untimely motions; definition of abuse)
- State v. Robson, 165 Ohio App.3d 621 (2006) (distinguishable on silence of hearing; untimely suppression context)