State v. Hill, 2020 Ohio 2958

Nov. 18, 2018: Hill was cited for driving with expired plates (minor misdemeanor) and for using plates from another vehicle (fourth-degree misdemeanor).
Nov. 28, 2018: Hill pleaded not guilty at arraignment; the court mailed a pretrial notice to 1441 Tennyson (the citation lists an unclear address: 1141 or 1441).
Dec. 13, 2018: Hill did not appear for the pretrial conference; a capias (arrest warrant) issued, then was withdrawn on Dec. 20, 2018; the court later mailed a Jan. 8, 2019 notice listing 1141 Tennyson.
Jan. 8, 2019: Hill appeared pro se, moved orally to dismiss for violation of the statutory speedy-trial period (R.C. 2945.71), alleging service in mid-November; the trial court overruled the motion, stating (without evidentiary support) that the capias restarted the speedy-trial clock.
Jan. 15, 2019: Trial was held; Hill was convicted of driving with expired plates and assessed costs; he appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Hill established a prima facie speedy-trial violation under R.C. 2945.71	The State: the capias issued after Hill failed to appear on Dec. 13 tolled/restarted the speedy-trial time, making the Jan. 15 trial timely.	Hill: he was served in mid-Nov.; absent an extension he was entitled to trial by Jan. 2; the Dec. 13 notice was sent to the wrong address so his failure to appear was not at fault.	The court: Hill made a prima facie showing; the trial court erred by summarily overruling; burden shifted to State to prove a statutory extension.
Whether the trial court properly attributed fault for the Dec. 13 failure to appear (thereby extending time under R.C. 2945.72)	The State: the capias for failure to appear constitutes defendant’s neglect, so delay is chargeable to Hill.	Hill: the pretrial notice was mailed to an incorrect address and he lacked knowledge of the hearing, so the delay is not his fault.	The court: trial court made an unsupported factual finding; remanded for an evidentiary hearing to determine fault for the missed Dec. 13 hearing and whether tolling was proper.

State v. Butcher, 27 Ohio St.3d 28, 500 N.E.2d 1368 (a defendant who shows trial did not occur within statutory time makes a prima facie speedy-trial violation; burden then shifts to the State to prove extensions)