State v. Hardy, 2012 Ohio 3498

Hardy was indicted on three counts of felony non-support of dependents, charged as felonies of the fifth degree, in 2011.
Hardy was jailed after arrest on July 26, 2011, and pled not guilty at August 5, 2011 arraignment with a jury trial set for October 10, 2011.
A pre-trial report on August 18, 2011 memorialized October 24, 2011 as the speedy-trial deadline; the trial court overruled a bond-review motion on August 30, 2011.
The trial was rescheduled to December 14, 2011; an assignment-commissioner notice dated October 5, 2011 set that date for a court trial, with no written waiver by Hardy or open-court waiver by counsel.
Hardy filed a motion to dismiss for speedy-trial violation on November 4, 2011; the trial court denied it on December 6, 2011; defense counsel obtained the new trial date from the commissioner at a pre-trial on September 30, 2011.
Hardy ultimately pleaded no contest on December 6, 2011, the court found him guilty on all counts, and sentenced him to community-control sanctions on February 1, 2012.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the indictment should be dismissed for violation of the speedy-trial deadline.	Hardy; speedy-trial deadline exceeded.	Hardy; waiver was not validly obtained; no proper waiver.	Speedy-trial rights violated; discharge ordered.

State v. Pachay, 64 Ohio St.2d 218 (1980) (speedy-trial time limits and strict enforcement)
State v. McBreen, 54 Ohio St.2d 315 (1978) (waiver of speedy-trial rights possible but requires written or in-open-court waiver)
State v. McRae, 55 Ohio St.2d 149 (1978) (waiver principles for speedy-trial rights)
State v. Wood, 81 Ohio App.3d 489 (1992) (courts may find waiver by defense-counsel actions insufficient without record support)
State v. Sanchez, 110 Ohio St.3d 274 (2006) (motion in limine tolls speedy-trial time for a reasonable period)