State v. O'Malia, 2012 Ohio 2051

O'Malia was convicted of speeding, a minor misdemeanor, in Jefferson County Area District Court #1.
Citation issued March 27, 2011: 52 mph in a 35 mph zone, violating R.C. 4511.21.
Summons service occurred March 27, 2011; arraignment April 13; discovery request delivered April 19.
Prosecution responded to discovery on May 17; trial held May 31, 2011; defense appeared pro se.
Trial court denied speedy-trial dismissal; conviction: $100 fine plus costs; defendant appealed.
Appeals court reversed and vacated the conviction, finding a speedy-trial violation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the 30-day speedy-trial period violated?	State argues time could be tolled by discovery and related events.	O'Malia contends no tolling for discovery or other events; waiver not signed.	Yes; speedy-trial rights violated; clock expired and not timely brought to trial.
Did discovery tolling apply to the speedy-trial clock in this case?	State maintains discovery tolling extended the clock from April 19 to May 17.	O'Malia asserts tolling only if discovery request is filed; here not filed.	Discovery tolling applied from April 19 to May 17; still led to a violation due to late trial date.

State v. Singer, 50 Ohio St.2d 103 (Ohio 1977) (speedy-trial statutes are mandatory and strictly construed against the State)
Brecksville v. Cook, 75 Ohio St.3d 53 (Ohio 1996) (strict construction against government in speedy-trial context)
State v. Hart, 2007-Ohio-3404 (7th Dist. 2007) (court must count delay and determine tolling on a per-side basis)
State v. High, 143 Ohio App.3d 232 (7th Dist. 2001) (procedural timing and tolling considerations for speedy-trial time)
State v. Howard, 2009-Ohio-3251 (7th Dist. 2009) (prima facie showing of delay requires State to prove tolling)
State v. Price, 122 Ohio App.3d 65 (10th Dist. 1997) (tolling mechanics when delays occur prior to trial)