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State v. Ramey
2012 Ohio 6187
Ohio Ct. App.
2012
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Background

  • Ramey and co-defendant Keeton were charged for Oct. 6, 2009 break-in at Nasty N8's tattoo parlor and related robbery/assault; Ramey also charged with having a weapon while under disability in a second indictment (Dec. 21, 2009).
  • Ramey’s arraignment (Oct. 16, 2009); bond set at $50,000; Ramey remained jailed; Keeton posted bond and was released.
  • Counsel conflicts prompted an October 2009 withdrawal and replacement of counsel for Ramey; case reassigned to Judge Carey.
  • Keeton’s motions to suppress (Dec. 10, 2009; hearing Jan. 5, 2010) and the court’s Jan. 6, 2010 decision set trial for Feb. 1, 2010.
  • Ramey moved for speedy-trial dismissal; the court reset trial to Feb. 2, 2010 due to courtroom scheduling; Keeton’s suppression motion did not toll Ramey’s speedy-trial time per remand record.
  • On remand, the court found no reasonable basis to delay beyond the speedy-trial limit; conviction reversed and vacated for two aggravated-robbery counts and one felonious-assault count.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether setting trial beyond the speedy-trial limit was reasonable Ramey argues no reasonable basis for delay. Ramey contends delay was unreasonable. Delay not reasonable; speedy-trial violation.

Key Cases Cited

  • State v. Mincy, 2 Ohio St.3d 6 (Ohio 1982) (necessity of journalizing continuances; reasonableness in sua sponte delays)
  • State v. Davis, 46 Ohio St.2d 444 (Ohio 1976) (acquiescence to court-set trial dates requires reasonable continuance; not per se valid)
  • State v. McRae, 55 Ohio St.2d 149 (Ohio 1978) (continuance must be reasonable when not due to accused's motion)
  • State v. Saffell, 35 Ohio St.3d 90 (Ohio 1988) (reasonable ongoing continuances may toll speedy-trial time)
  • State v. Marbury, 192 Ohio App.3d 210 (Ohio App. 2011) (appellate review of speedy-trial tolling under R.C. 2945.72(H))
  • Pachay v. State, 64 Ohio St.2d 218 (Ohio 1980) (strict enforcement of speedy-trial statutes)
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Case Details

Case Name: State v. Ramey
Court Name: Ohio Court of Appeals
Date Published: Dec 28, 2012
Citation: 2012 Ohio 6187
Docket Number: 2010 CA 19
Court Abbreviation: Ohio Ct. App.