State v. Kramer
2012 Ohio 2841
Ohio Ct. App.2012Background
- Kramer was indicted September 15, 2009 in Henry County for robbery and aggravated robbery while incarcerated elsewhere.
- Indictment served on Kramer and he was arraigned October 22, 2009.
- A DNA expert motion was granted April 27, 2010, followed by a May 17, 2010 continuance; trial was moved to December 20, 2010.
- A December 20, 2010 suppression hearing occurred; suppression denied April 12, 2011, with trial reset for July 11, 2011.
- Kramer filed discovery on May 4, 2011 and a speedy-trial dismissal motion on May 16, 2011; the trial court granted the dismissal on June 9, 2011.
- The State appeals, asserting miscalculation of speedy-trial time and insufficient tolling; the trial court’s ruling was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the speedy-trial time was properly tolled | State contends more time should be tolled beyond the court's calculation. | Kramer argues the court correctly computed the period and proper tolling. | Court upheld the trial court’s calculation; no additional tolling required. |
Key Cases Cited
- State v. Schmuck, 2009-Ohio-546 (8th Dist. 2009) (strict construction of speedy-trial time; 270-day limit applies absent waiver)
- State v. Steinke, 158 Ohio App.3d 241 (2004-Ohio-1201) (speedy-trial framework; strict construction against state)
- State v. Singer, 50 Ohio St.2d 103 (1977) (foundational speedy-trial principles)
- State v. Salyers, 2005-Ohio-5037 (3d Dist. 2005) (start of speedy-trial time from indictment when not arrested)
- State v. Grinnell, 112 Ohio App.3d 124 (10th Dist. 1996) (three-to-one tolling for pretrial detention in unrelated case)
- State v. Dankworth, 172 Ohio App.3d 159 (2d Dist. 2007) (discovery motions toll only for time reasonably necessary)
- State v. Smith, 2010-Ohio-5354 (8th Dist. 2010) (unrelated case affects tolling under 2945.71(E))