2011 Ohio 3951
Ohio Ct. App.2011Background
- Appellant Derrian McKinney was convicted in Delaware County Municipal Court of one count of OVI under R.C. 4511.19(A)(1)(j)(8)(i).
- Appellant was arrested on September 23, 2010, and urine testing for marijuana occurred; a per se OVI charge was dismissed pending test results.
- Testing showed prohibited marijuana levels; the State refiled an OVI per se charge on December 9, 2010.
- Appellant pleaded not guilty to the OVI per se charge and did not waive speedy-trial rights; a trial thereafter occurred.
- Appellant moved to dismiss the OVI per se charge as violating speedy-trial rights; the trial court denied the motion.
- On appeal, the court applied Baker v. State to determine whether the subsequent indictment reset the speedy-trial clock and affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy-trial window for second indictment | State: new facts justify a new 90-day period | McKinney: same statutory period should apply | Overruled; new 90-day period applied |
Key Cases Cited
- State v. Baker, 78 Ohio St.3d 108 (Ohio 1997) (second indictment based on new facts tolls speedy-trial clock)
- State v. Cooney, 124 Ohio App.3d 570 (Ohio 1997) (discusses knowledge of operative facts at initial charging)
- State v. Ladd, 56 Ohio St.2d 197 (Ohio 1978) (speedy-trial rights are mandatory under Sixth Amendment)