State v. Purk, 96 N.E.3d 1032

Purk’s 1985 wife died after a hanging incident in their apartment; police were invited and the scene was described by Purk.
Initial autopsy ruled suicide; victim and baby died; case closed.
2009–2011 investigations revealed suspicions about the death; second autopsy ruled homicide.
Purk was indicted in 2013 on murder and tampering with evidence; pre-indictment delay argument raised four days before trial.
Trial proceeded; Purk convicted on both counts and sentenced to 18 years to life; appellate review led to reversal and remand for standard application.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Pre-indictment delay due process standard applied	Purk argues 28-year delay caused actual prejudice; proper Luck standard not used	State contends delay justified, no prejudice shown	Remanded to apply Luck burden-shifting test first instance
Admission of expert testimony based on unreliable experiments	Exclusion or improper basis for admissibility undermines fairness	State contends evidence admissible under standard rules	Ripe for analysis after remand; issues not resolved here
Withholding potentially exculpatory evidence	Rights violated due to suppression of favorable material	State defense that no duty to disclose; evidentiary rules applied	Premature on this appeal; remanded with others for full consideration
Convictions against the weight of the evidence	Evidence allegedly insufficient or overpowering in favor of guilt	State disputes weight claim	Premature; issues deferred to remand proceedings

State v. Saxon, 9th Dist. Lorain No. 09CA009560 (2009-Ohio-6905) (burden-shifting test for pre-indictment delay with prejudice)
State v. Luck, 15 Ohio St.3d 150 (1984) (pre-indictment delay analysis framework)
State v. Walls, 96 Ohio St.3d 437 (2002-Ohio-5059) (actual prejudice assessment in delay cases)
State v. Whiting, 84 Ohio St.3d 215 (1998) (Burden-shifting framework for delay cases)
State v. New, 2013-Ohio-3193 (9th Dist. Lorain) (deference to trial court findings; de novo review of law)
State v. Kemp, 2013-Ohio-167 (8th Dist.) (legal standard application for pre-indictment delay)
State v. Jones, 2016-Ohio-5105 (9th Dist.) (returns to Luck/Saxon framework on remand)
United States v. Marion, 404 U.S. 307 (1971) (pre-indictment prejudice framework guidance)
United States v. Lovasco, 431 U.S. 783 (1977) (prosecutors may delay for probable cause without violating justice)
State v. Walls, 96 Ohio St.3d 437 (2002-Ohio-5059) (actual prejudice and balancing factors)