State v. Gavin, 2011 Ohio 4665

Gavin was charged in Dayton Municipal Court with two counts of menacing and one count of disorderly conduct, all fourth-degree misdemeanors, arising from two cases consolidated for trial.
Arrest occurred May 13, 2010; arraignment was May 14, 2010 with bond set and trial dates established for late May 2010.
A defense continuance was granted May 27, 2010, and the cases were consolidated; Gavin released on an own recognizance bond.
Gavin failed to appear at a June 10, 2010 pretrial; a capias issued and recalled on June 15, 2010; final pretrial was rescheduled, and trial date shifts occurred.
The State moved for a continuance on July 9, 2010 to obtain a newly discovered video; the trial was ultimately held August 19, 2010 with Gavin convicted on all counts.
Gavin argued trial counsel was ineffective for not filing a speedy-trial dismissal motion; the trial court and appellate panel evaluated whether his speedy-trial rights were violated.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was trial counsel ineffective for not moving to dismiss on speedy-trial grounds?	Gavin asserts failure to file harmed defense by ignoring speedy-trial timeline.	Gavin contends the delay violated constitutional/statutory speedy-trial rights and warranted dismissal.	No, counsel not ineffective; speedy-trial rights not violated.

Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court, 1984) (ineffective-assistance standard)
State v. Bradley, 42 Ohio St.3d 136 (Ohio Supreme Court, 1989) (prescribed Strickland framework in Ohio)
Bauer, 61 Ohio St.2d 83 (Ohio Supreme Court, 1980) (waiver of speedy-trial time when defendant fails to appear)