State v. Haynes
2015 Ohio 4582
Ohio Ct. App.2015Background
- State appeals dismissal of indictments against Haynes, Webb, and Douglas for rape, complicity to rape, corruption of a minor, complicity to corrupt a minor, and kidnapping arising from a 1994 incident.
- Grand jury voted to indict on April 24, 2014; indictments were filed with the clerk on May 6, 2014; the statute of limitations under R.C. 2901.13 expired on April 26, 2014.
- Trial court dismissed the indictments as barred by the 20-year limitations period due to alleged non-return of the indictments.
- Crim.R. 6(F) requires the indictment to be returned to a judge of the common pleas court and filed with the clerk, with four predicate steps to constitute return.
- Court held the indictments were never actually returned because they were not delivered to a common pleas judge, so prosecution was not commenced.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether indictments were timely commenced under R.C. 2901.13(E). | State: indictment return occurred when votes were presented to clerk. | Haynes/Wiley: return required delivery to judge; never occurred. | Indictments not returned; prosecution not commenced. |
| Whether Crim.R. 6(F) requires return to a judge for commencement. | State: return occurs when grand jury votes are conveyed to clerk. | Defendants: return must be to judge overseeing grand jury. | Return required to judge; not satisfied here. |
| Whether delivery of indictments to the clerk alone suffices as a return. | State: routine delivery to clerk shows return. | Defendants: mere delivery to clerk is insufficient without judge involvement. | Delivery to clerk alone is insufficient; four predicate events required. |
| Whether the record establishes that the indictments were delivered to the judge or filed by the clerk before the SOL expired. | State: envelopes were delivered to clerk with dates; thus commenced. | Defendants: no evidence indictments were delivered to judge or filed by April 26, 2014. | No evidence timely delivery/filing; timely commencement not shown. |
Key Cases Cited
- State ex rel. Collins v. O’Farrell, 61 Ohio St.3d 142 (1991) (Crim.R. 6(F) requires return to the judge and filing with clerk)
- State v. Rohde, 2014-Ohio-5580 (2d Dist. Montgomery 2014) (Crim.R. 6(F) return and filing requirements)