State v. Redelman
2013 Ohio 657
Ohio Ct. App.2013Background
- Appellant convicted in Clinton County Court of Common Pleas on three trafficking counts following search of hotel room 213 at Holiday Inn Express, executed May 19, 2011 based on Major Prickett’s affidavit.
- Affidavit tied to undercover drug purchase and Indiana-source vehicle; implicated appellant via vehicle owner and prior Indiana warrant.
- Investigating officers obtained guest list and observed activity linking appellant to the room with an Indiana-plate vehicle in proximity.
- Lab analysis on August 3, 2011 identified LSD, hashish, alprazolam, hydrocodone; oxycodone was identified in a pill found in room 213.
- Indictment filed August 8, 2011 with seven counts; counts 1 and 6 related to oxycodone, counts 2–5 and 7 added for other substances; appellant pled no contest to counts 2, 3, 4 in 2012; sentenced to 30 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy-trial violation for Counts 2,3,4,5,7 | Speedy-trial deadline violated for original 270 days | Additional charges from new facts should have same timetable | Statutory and constitutional speedy-trial rights not violated; tolling and Baker doctrine apply |
| Suppression of hotel-room search warrant | Warrant supported by probable cause | Affidavit lacked sufficient probable cause | Warrant valid; either probable cause or good-faith exception supports admission of evidence |
Key Cases Cited
- State v. Baker, 78 Ohio St.3d 108 (1997) (statutory speedy-trial deadlines; multiple indictments exceptions)
- State v. Nelson, 2009-Ohio-555 (Ohio Ct. App. 12th Dist.) (mixed law-and-fact review of speedy-trial issues)
- Prater v. State, 2002-Ohio-4487 (Ohio Ct. App. 12th Dist.) (probable cause and hearsay; totality-of-the-circumstances)
- George v. State, 45 Ohio St.3d 325 (1989) (probable cause standard; substantial basis)
- Gates v. Illinois, 462 U.S. 213 (1983) (totality of the circumstances in probable-cause analysis)
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to exclusionary rule)
- State v. Webb, 2002-Ohio-3552 (Ohio App. 4th Dist.) (continuance reasonableness in speedy-trial analysis)
- State v. Nunez, 2008-Ohio-6806 (Ohio App. 6th Dist.) (informant corroboration via independent police work)