2018 Ohio 3769
Ohio Ct. App.2018Background
- On July 3–4, 2016, Kitzmiller allegedly robbed a 73-year-old woman, and later used her check to buy a television; police recovered the victim’s checkbook and two crack pipes when they stopped his car.
- Kitzmiller was arrested in Ohio on July 4, 2016; a Pennsylvania probation/parole warrant and detainer issued July 5, 2016 for a probation violation.
- Ohio indicted Kitzmiller on robbery (2nd-degree) and receiving stolen property (5th-degree) on August 18, 2016.
- The trial court offered an own-recognizance (OR) bond on August 25, 2016; Kitzmiller refused to sign it and remained jailed.
- Kitzmiller moved to discharge on speedy-trial grounds (arguing the 3-for-1 “triple count” R.C. 2945.71(E) applied). The trial court denied the motion; he was tried and convicted May 25, 2017 and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the "triple count" (3-for-1) speedy-trial rule applied | State: Kitzmiller waived triple count by refusing the OR bond; state also relied on Pennsylvania detainer | Kitzmiller: Triple count applies because he was jailed and the state didn’t prove he was held pursuant to the PA warrant; refusal to sign OR bond cannot be used to evade triple count | Court: Refusal to accept OR bond is a waiver of triple count; triple count does not apply; 270-day standard governs and was met |
Key Cases Cited
- State v. Dunkins, 10 Ohio App.3d 72 (Ohio App. 9th Dist.) (discusses limits of triple-count application)
- State v. High, 143 Ohio App.3d 232 (7th Dist.) (standard of review for speedy-trial dismissal is mixed question of law and fact)
- Brecksville v. Cook, 75 Ohio St.3d 53 (Ohio 1996) (statutes on speedy trial strictly construed against the state)