State v. Hollins, 2016 Ohio 5521

In July 2015 Tavion Hollins was indicted on multiple counts (aggravated burglary, kidnapping, felonious assault) arising from injuries to April Bailey, the mother of his child.
Bailey was subpoenaed for trial but failed to appear twice (Oct 13 and Nov 2, 2015); prosecutor attempted telephone contact and left messages; prosecutor averred Bailey said she would not testify and hung up.
The state obtained Bailey’s hospital medical records (she had signed a hospital release) showing serious injuries; Bailey refused to sign a release for the prosecutor’s office.
The state moved for a material witness warrant under R.C. 2941.48; the trial court denied the motion and dismissed the indictment without prejudice, stating Bailey did not want to cooperate and would not testify.
The state appealed, arguing the court should have issued a material witness warrant to compel Bailey’s attendance; the court of appeals reversed and reinstated the indictment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court erred by denying the state's R.C. 2941.48 motion for a material witness warrant and dismissing the indictment	Court should have granted the material witness warrant because Bailey was the victim/eyewitness and there was probable cause she would not appear	Dismissal was proper because the victim refused to cooperate and indicated she would not testify even if compelled	Reversed: denial of the material witness warrant and dismissal was an abuse of discretion; warrant should have been granted and indictment reinstated
Whether a trial court may dismiss an indictment solely because the complaining witness does not wish to cooperate	State argues dismissal is improper because prosecution decisions rest with the prosecutor and R.C. 2931.03 prevents dismissal solely at the complainant’s request	Defendant contends the court may dismiss in the interest of justice when the victim refuses to cooperate	Court held dismissal based solely on victim’s unwillingness to cooperate was improper under statutory law and abused discretion

State v. Busch, 76 Ohio St.3d 613 (Ohio 1996) (trial judges may dismiss a case under Crim.R. 48(B) if dismissal serves the interest of justice)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion standard defined)
State v. Craig, 116 Ohio St.3d 135 (Ohio 2007) (state may appeal dismissal of an indictment whether with or without prejudice)
State ex rel. Dorsey v. Haines, 63 Ohio App.3d 580 (Ohio Ct. App. 1990) (material-witness warrant requires probable cause supported by oath or affirmation)