State v. Marbury
192 Ohio App. 3d 210
| Ohio Ct. App. | 2011Background
- Marbury was charged with a misdemeanor of the third degree for sexual imposition involving a 14-year-old in September 2008.
- Speedy-trial time began October 11, 2008, with tolling events occurring due to motions and continuances by Marbury.
- Marbury filed two continuances in late 2008, halting the speedy-trial clock until the first pretrial on December 8, 2008.
- After discovery and jury demand on December 17, 2008, the trial date was moved to March 26, 2009, then repeatedly continued.
- The trial court later sua sponte continued multiple times for docket congestion, ultimately setting trial for September 17, 2009, and denying a speedy-trial dismissal motion.
- Marbury was tried and convicted, with sentencing including a 60-day suspended sentence and probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Marbury was denied a speedy trial. | Marbury | Marbury | No speedy-trial violation; delays tolled under R.C. 2945.72(E) and (H). |
Key Cases Cited
- State v. Broum, 98 Ohio St.3d 121 (Ohio Supreme Court, 2002) (discovery tolling applies to speedy-trial time)
- State v. Mincy, 2 Ohio St.3d 6 (Ohio Supreme Court, 1982) (journalization required for sua sponte continuances under 2945.72(H))