2012 Ohio 5648
Ohio Ct. App.2012Background
- Green was arrested April 18, 2011 and indicted on 17 charges in Summit County, Ohio.
- Prior to trial, four counts were dismissed and two additional counts were dismissed after the State rested; Green pled guilty to four other counts.
- Green went to trial on remaining seven counts; the jury found guilt on aggravated robbery with firearm spec, kidnapping with spec, tampering with evidence, resisting/obstructing, aggravated menacing, and resisting arrest; the jury acquitted one firearm-related count.
- The trial court later found Green guilty on two repeat violent offender specifications and imposed a 25-year aggregate sentence.
- Green appealed, challenging speedy-trial rulings and the validity of four guilty pleas entered during trial.
- The Court of Appeals affirmed in part, reversed in part, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy-trial denial under 270-day rule | Green argues denial of speedy trial rights | State contends timely trial; delay tolled by motions and continuances | Speedy-trial denial not established; delays tolling extended the term and trial occurred within reasonable limits |
| Validity of guilty pleas given trial court misinformed about appellate waiver | Green contends pleas were not knowingly voluntary because court misinformed about preserving speedy-trial appeal rights | State concedes error in informing Green about preserving appeal rights | Guilty pleas to four counts vacated; remanded for proper plea proceedings |
Key Cases Cited
- State v. Adams, 43 Ohio St.3d 67 (1989) (waiver of speedy-trial right requires knowing, voluntary, intelligent waiver)
- State v. Kelly, 57 Ohio St.3d 127 (1991) (plea waives right to appeal denial of speedy-trial claim; proper advisement required)
- State v. King, 70 Ohio St.3d 158 (1994) (waiver must be voluntary and informed; written on record or in open court)
- State v. O’Brien, 34 Ohio St.3d 7 (1987) (ensures right to speedy trial; tolling and continuances)
- State v. Pachay, 64 Ohio St.2d 218 (1980) (statutory speedy-trial time limits and tolling mechanics)
- State v. Steiner, 71 Ohio App.3d 249 (1991) (tolling when defense motions or proceedings delay trial)
- State v. McRae, 55 Ohio St.2d 149 (1978) (trial date extension by defense counsel can toll speedy-trial time)