State v. Pittman
2013 Ohio 962
Ohio Ct. App.2013Background
- Pittman appeals his conviction and sentence for domestic violence after a March 2012 trial following a December 22, 2011 indictment.
- Prior to indictment, November 19, 2011 arrest for unrelated charges occurred; a felony complaint for domestic violence was issued November 29, 2011.
- Police noted a prior domestic-violence conviction; the misdemeanor and felony domestic-violence cases were dismissed on December 5, 2011.
- Defendant was in jail on other charges; the state’s speedy-trial clock counted days only for the pending domestic-violence charge under R.C. 2945.71; triple-counting applies only when jailed solely on the pending charge.
- Trial commenced March 14, 2012, after three one-week continuances requested by defense were granted; the court determined 252 days elapsed under the speedy-trial calculation, satisfying the 270-day limit.
- Two issues were raised: violation of the statutory speedy-trial right and ineffective assistance of counsel; the court held the speedy-trial right was not violated and counsel did not perform ineffectively.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Pittman’s speedy-trial rights were violated | Pittman argues delays violated 270-day rule | State contends proper triple-counting and pending-charge period complied | Speedy-trial not violated; 252 days counted, within 270-day limit |
| Whether trial counsel was ineffective | Counsel failed to preserve/argue letters and challenged conviction | Counsel conducted reasonable cross-examination and preserved strategy; letters excluded as hearsay | Counsel not ineffective; assignments of error overruled |
Key Cases Cited
- State v. Sanchez, 110 Ohio St.3d 274 (2006-Ohio-4478) (triple-count for jail time only when pending charge; not applicable here)
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes standard for ineffective assistance of counsel)
- State v. Bradley, 42 Ohio St.3d 136 (1989) (performance standard for ineffective assistance; strong presumption of reasonableness)
- State v. Cooperrider, 4 Ohio St.3d 226 (1983) (post-conviction rule for presenting outside-record evidence; hearsay issues)
- State v. McBreen, 54 Ohio St.2d 315 (1978) (waiver of speedy-trial rights may occur via continuances)