State v. Perry
2012 Ohio 4273
Ohio Ct. App.2012Background
- Perry and co-defendant Jimmie Ivery were indicted on nine counts including burglary, theft, receiving stolen property, weapons while under disability, and possessing criminal tools for a July 17, 2010 Walton Hills burglary.
- Police learned of the burglary via witness Exton and Gigliotti, linking a black Cadillac to Perry and Ivery.
- Ivery was arrested in Wickliffe with Perry’s vehicle; Wickliffe police searched the impounded car and found jewelry tied to the burglary.
- Sgt. Kwiatkowski obtained a warrant to search a Mosley Select Suites hotel room where Perry and Ivery were staying and photographed Perry’s Cadillac.
- The trial court suppressed the vehicle inventory search but upheld the hotel-room search warrant after excising some affidavit paragraphs.
- Perry was convicted after pleading no contest; he appeals alleging suppression error and a speedy-trial violation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of the hotel-room search warrant | Perry asserts the affidavit was fatally flawed indicating reckless disregard for the truth. | Perry argues the affidavit lacked probable cause once false statements are excised. | Warrant upheld; probable cause supported even with excised paragraphs. |
| Speedy-trial rights | Perry contends the 456-day delay violated RC 2945.71(C)(2). | State failed to account for tolling events and Perry’s incarcerations. | No violation; delays tolled appropriately; trial within time limits. |
Key Cases Cited
- State v. George, 45 Ohio St.3d 325 (Ohio 1989) (probable cause standard for warrants (Gates framework))
- Franks v. Delaware, 438 U.S. 154 (U.S. 1978) (false statements in warrant affidavits; burden on defendant)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause standard for warrants; totality of the circumstances)
- State v. Burnside, 100 Ohio St.3d 152 (Ohio 2003) (mixed question review for suppression rulings; deference to trial court)