State v. Kemp, 2013 Ohio 167

Kemp was charged in 2010 with aggravated murder and tampering with evidence for Sheila Scales's 2002 death.
DNA testing in 2011 linked Kemp to the crime; the state later indicted Kemp nearly eight and a half years after the death.
Witnesses placed Kemp at Sheila Scales’s home on the night of the murder or nearby in the vicinity during the relevant time.
Kemp presented an alibi and a theory that someone else could have committed the murder; the defense argued prejudice from preindictment delay.
Kemp was convicted of murder and tampering with evidence; the trial court sentenced him to life with parole eligibility after 15 years and 36 months for tampering, to be served concurrently.
The court affirmed the convictions but held the murder sentence to be contrary to law and remanded for resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Preindictment delay prejudice	Kemp asserts eight-and-a-half year delay violated due process.	Delay caused substantial prejudice; indictment should be dismissed.	No prejudicial actual prejudice; delay not basis to dismiss.
Exclusion of extrinsic prior statements	Extrinsic evidence of a prior inconsistent statement should be admitted under Evid.R. 613(B).	Scales’s prior statements were collateral; extrinsic evidence should be allowed.	Court did not abuse discretion; exclusion proper.
Sufficiency and weight of evidence	Sufficient evidence and weight support guilt beyond a reasonable doubt.	Evidence insufficient and weight favors acquittal.	Sufficiency supported; verdict not against weight of the evidence.
Discovery violation	Phone records should have been disclosed; violation warrants mistrial or dismissal.	Non-disclosure prejudiced defense; remedy inadequate.	No mistrial; curative instruction and sanctions appropriate.
Sentence legality	Life with parole eligibility after 15 years complies with statute.	Indefinite term should be 15 years to life per statute.	Judgment reversed on murder sentence; remand for resentencing to conform with 15 years to life.

State v. Wade, 2008-Ohio-4574 (8th Dist.) (de novo review of preindictment-delay prejudice)
State v. Walls, 2002-Ohio-5059 (Ohio Sup. Ct.) (prejudice and delay analysis in due process)
State v. Copeland, 2008-Ohio-234 (8th Dist.) (evidentiary discovery and prejudice standards)
State v. Robb, 88 Ohio St.3d 59 (2000) (abuse of discretion in evidentiary rulings)
State v. Theuring, 46 Ohio App.3d 152 (1st Dist. 1988) (foundation necessary for extrinsic inconsistent statements)