State v. March
2016 Ohio 3288
Ohio Ct. App.2016Background
- Thomas March was arrested June 12, 2015, and initially charged with felony public indecency; he was jailed pending bail.
- Grand jury returned a two-count indictment on July 13, 2015: one felony count (5th-degree) and one second-degree misdemeanor count, both based on the same conduct; the state nolled the felony count that day.
- March was released on recognizance July 20, 2015, moved to dismiss on speedy-trial grounds, and the municipal court denied the motion on July 23, 2015.
- On July 23, 2015 March entered a no-contest plea to the misdemeanor and was sentenced; he appealed claiming a speedy-trial violation.
- The key timing issue: March argued the triple-counting statutory rule for an incarcerated defendant produced a 30-day deadline (for a jailed defendant prosecuted on a second-degree misdemeanor), which he claimed was not met; the court evaluated which statutory period controlled given the felony was initially charged then dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether March's speedy-trial rights were violated after the felony was nolled and prosecution proceeded on the misdemeanor | State: timely prosecution because trial occurred before the applicable deadlines (earlier of felony or misdemeanor periods) | March: the applicable speedy-trial window was the 30-day period for a jailed defendant charged with a second-degree misdemeanor (90 days × 3), which was exceeded | Court: No violation — apply both periods; the controlling deadline is the earlier of (felony period from arrest, misdemeanor period from reduction); March was tried before that earlier deadline |
Key Cases Cited
- State v. Baker, 78 Ohio St.3d 108 (Ohio 1997) (constitutional speedy-trial right exists under state and federal law)
- State v. Adams, 144 Ohio St.3d 429 (Ohio 2015) (statutory speedy-trial deadlines are mandatory)
- State v. Riley, 162 Ohio App.3d 730 (12th Dist. 2005) (review requires calculating days attributable to each party and applying statutory limits)
- State v. Bickerstaff, 10 Ohio St.3d 62 (Ohio 1984) (filing a motion to dismiss tolls speedy-trial computation)
- State v. Cattee, 14 Ohio App.3d 239 (4th Dist. 1983) (speedy-trial computation when felony is reduced to misdemeanor examined)