2022 Ohio 3935
Ohio Ct. App.2022Background
- Indicted July 8, 2020 for two counts of rape and one count of corrupting another with drugs involving a 13-year-old victim.
- Arrested June 15, 2020; court-ordered competency evaluation requested in Aug. 2020 and found competent Oct. 15, 2020.
- Defense sought discovery; state responded after more than five months.
- In Nov. 2020, while represented, Lykins filed a pro se motion to dismiss on speedy-trial grounds; his counsel did not join.
- Lykins requested and waived time on 13 continuances during the case.
- On Feb. 2, 2022 the court accepted Lykins’s no-contest pleas, found him guilty, sentenced him to seven years, and classified him as a Tier III sex-offender.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lykins’s speedy-trial right was violated | State: Time was tolled by competency proceedings and multiple defense-requested continuances/waivers; trial occurred within statutory limits | Lykins: State caused inexcusable delay (late discovery, long pretrial period); time should be charged to the state | Waived and meritless — pro se dismissal motion improper while represented (no hybrid rep.); counting waivers/competency periods shows time remaining when plea accepted, so no violation |
| Whether counsel was ineffective for not asserting speedy-trial rights | State: Counsel’s performance was not deficient; even under defendant’s math, time remained and waivers were by defendant | Lykins: Counsel failed to protect his speedy-trial rights and waived time without his consent | Denied — Strickland not satisfied; counsel not deficient and defendant’s waivers/continuances were the primary cause of delay |
Key Cases Cited
- State v. Sanchez, 110 Ohio St.3d 274 (2006) (describes Ohio speedy-trial statutory scheme and day-counting rules)
- State v. Adams, 144 Ohio St.3d 429 (2015) (speedy-trial provisions are mandatory and strictly enforced)
- State v. Palmer, 84 Ohio St.3d 103 (1998) (competency-related tolling under R.C. 2945.72(B) is not limited to a specific period)
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes two-prong ineffective-assistance standard)
- State v. Madrigal, 87 Ohio St.3d 378 (2000) (failure on one Strickland prong moots the other)
- State v. Luna, 2 Ohio St.3d 57 (1982) (no-contest plea does not waive a speedy-trial claim)
- State v. Gage, 101 N.E.3d 557 (2017) (when speedy-trial period expires, state must show events tolled time)