State v. Perry
2012 Ohio 4656
Ohio Ct. App.2012Background
- Perry was cited on Sept. 30, 2011 for OVI, seat belt, and left-of-center offenses.
- Video of the traffic stop was produced to Perry on Nov. 7, 2011.
- Perry filed a Motion for Leave to file a motion to suppress on Dec. 7, 2011.
- Trial court denied both the initial and renewed Motions for Leave.
- Perry pled no contest on Jan. 26, 2012 to OVI; judgment entered and punished accordingly.
- Issue on appeal is whether the trial court abused its discretion in denying leave to file a suppression motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in denying leave to file a suppression motion. | State argues no abuse; no just cause shown. | Perry argues untimely video and timing justified leave. | No abuse; leave denial affirmed. |
Key Cases Cited
- State v. Campbell, 69 Ohio St.3d 38 (Ohio Supreme Court, 1994) (waiver; good cause may grant relief from waiver under Crim.R.12(H))
- State v. Monnette, 2009-Ohio-1653 (Ohio App.3d 2009) (trial court abuse reviewed under abuse of discretion standard)
- State v. Garrett, 2005-Ohio-4832 (Ohio 2d Dist. 2005) (timeliness of suppression motion; attached motion to suppress to motion for leave)
- State v. Merritt, 126 Ohio App.3d 711 (Ohio 6th Dist. 1998) (untimely suppression motion; prejudice from counsel's delay)