State v. Johnson
2013 Ohio 856
Ohio Ct. App.2013Background
- Appellant Tyree Johnson, a juvenile, was bind- over and transferred to adult court on November 17, 2010.
- The Butler County Grand Jury indicted him on December 21, 2010 for two counts of aggravated robbery and three counts of felonious assault, each with firearm specifications.
- Post-indictment, defense counsel was replaced; new counsel pursued discovery, bills of particulars, and investigative funds.
- A superseding indictment was filed March 30, 2011, alleging the same five charges as the original indictment.
- Johnson waived speedy-trial rights on February 2, 2011; the waiver was renewed by later time-waivers during the case.
- Trial occurred August 29, 2011, resulting in convictions on all counts and a 21-year aggregate sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether speedy-trial rights were violated (statutory and constitutional). | State contends adherence to statutory/constitutional time limits was satisfied. | Johnson argues delays violated his rights and the clock should have started earlier. | Statutory and constitutional speedy-trial rights not violated. |
| Whether trial counsel were ineffective for various decisions and actions. | State asserts defense decisions and strategy were reasonable and not prejudicial. | Johnson contends counsel failed to file suppression/Brady-related motions and to call an eyewitness expert, among other deficiencies. | No ineffective assistance; defenses and strategy were reasonable and not prejudicial. |
Key Cases Cited
- State v. Baker, 78 Ohio St.3d 108 (1997) (strict construction of speedy-trial time limits)
- State v. Bickerstaff, 10 Ohio St.3d 62 (1984) (speedy-trial clock begins after juvenile court relinquishes jurisdiction)
- State v. Adams, 43 Ohio St.3d 67 (1989) (waiver of speedy-trial rights does not extend to new charges with different defenses)
- State v. Sanchez, 110 Ohio St.3d 274 (2006) (filing of a defense motion tolls speedy-trial time)
- State v. Riley, 162 Ohio App.3d 730 (2005) (valid time waivers on the record are enforceable)
