2013 Ohio 2632
Ohio Ct. App.2013Background
- Kasler was convicted in the Fairfield County Court of Common Pleas; post-conviction relief petition denied on Sept. 25, 2012.
- On direct appeal, this court held 92 days elapsed of the 270-day speedy-trial window and that the triple-count provision did not apply after severance of charges.
- Appellant argued felonious assault charged later arose from the same facts as the original rape/attempted rape charges, so the speedy-trial clock should start with the original indictment.
- State argued additional charges could be based on different facts or unknown at the initial indictment, delaying commencement of speedy-trial period.
- Key tolling events included discovery/bill of particulars (tolling under R.C. 2945.72(E)) and a severance motion (June 17, 2011), with proper application of the triple-count provision once severed.
- Appellant was indicted April 2011; mistrial June 24, 2011; retrial began Sept. 13, 2011; total elapsed time to trial remained within 270 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy-trial calculation dispute | Kasler argues the felonious assault charges should have started the speedy-trial clock with the original indictment. | State contends additional charges can be governed by separate speedy-trial constraints if based on different facts or unknown at first indictment. | Appellant's assignment is overruled; speedy-trial computation affirmed. |
Key Cases Cited
- State v. Adams, 43 Ohio St.3d 67 (1989) (additional charges arising from same facts toll the speedy-trial clock)
- State v. Blackburn, 118 Ohio St.3d 163 (2008) (triple-count tolling applies when defendant held solely on pending charges)
- State v. Sanchez, 110 Ohio St.3d 274 (2006) (triple-count provision applicability after severance)
- State v. Fanning, 1 Ohio St.3d 19 (1982) (mistrial-related timing continued where retrial is a continuation)
- State v. Cole, 2 Ohio St.3d 112 (1982) (res judicata bar to issues raised in prior proceedings)
- State v. Fischer, 128 Ohio St.3d 92 (2012) (issues that could have been raised on direct appeal are barred by res judicata)