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State v. Johnson
2013 Ohio 856
Ohio Ct. App.
2013
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Background

  • 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)
Read the full case

Case Details

Case Name: State v. Johnson
Court Name: Ohio Court of Appeals
Date Published: Mar 11, 2013
Citation: 2013 Ohio 856
Docket Number: CA2011-09-169
Court Abbreviation: Ohio Ct. App.