State v. Rodandello
2022 Ohio 2460
Ohio Ct. App.2022Background
- Appellant Dustin Rodandello was arrested on March 18, 2020 and later indicted on multiple felony and misdemeanor counts arising from an incident in which he allegedly used two children as "human shields."
- He remained in custody; under R.C. timings his 90-day try-by-date was calculated as June 17, 2020.
- Rodandello changed his plea to not guilty by reason of insanity and the court ordered a competency/sanity evaluation; he was found competent and sane on August 14, 2020.
- Multiple continuances followed (defense motions, counsel withdrawal and substitution, scheduling conflicts), and statutory/supreme‑court COVID‑19 tolling (House Bill 197 and Ohio Supreme Court order) applied.
- Defense moved to dismiss for speedy‑trial violations on November 30, 2021; the trial court denied the motion. On January 5, 2022 Rodandello pled no contest to one count of second‑degree felonious assault; sentenced to three years community control and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy trial — statutory and constitutional | State: Time was tolled by competency proceedings, COVID‑19 tolling, defense‑requested continuances, and counsel withdrawal/appointment. | Rodandello: Not brought to trial within 90 days; many continuances were chargeable to the state and some were made without his consent. | Denied. Court found tolling continuous (competency, HB197/SCOTOhio order, counsel continuances/withdrawal). Waivers by counsel bind defendant. |
| Ineffective assistance of counsel (appointed counsel Lennen) | State: Counsel is presumed effective; appellant must show deficient performance and prejudice under Strickland. | Rodandello: Counsel failed to visit, delayed discovery, failed to relay plea offers, failed to investigate/witnesses, and filed continuances without his consent. | Denied. Court found no deficient performance shown and no prejudicial effect—appellant received a favorable plea outcome (community control) compared to potential prison exposure. |
Key Cases Cited
- State ex rel. Ohio Democratic Party v. LaRose, 159 Ohio St.3d 277 (Ohio 2020) (House Bill 197 tolling of statutory deadlines during COVID‑19)
- In re Tolling of Time Requirements Imposed by Rules Promulgated by Supreme Court & Use of Technology, 158 Ohio St.3d 1447 (Ohio 2020) (Ohio Supreme Court order retroactively tolling deadlines)
- State v. Long, 163 Ohio St.3d 179 (Ohio 2020) (speedy‑trial review involves mixed questions of law and fact)
- Burnside, 100 Ohio St.3d 152 (Ohio 2003) (standard of review for legal application—de novo review of law)
- State v. Taylor, 98 Ohio St.3d 27 (Ohio 2002) (defendant bound by counsel's waiver of speedy‑trial rights)
- State v. Masters, 172 Ohio App.3d 666 (Ohio App. 2007) (prima facie showing of speedy‑trial violation shifts burden to the state to prove tolling)
- State v. McBreen, 54 Ohio St.2d 315 (Ohio 1978) (trial counsel has authority to waive speedy‑trial provisions)
- State v. Vaughn, 106 Ohio App.3d 775 (Ohio App. 1995) (speedy‑trial waiver by counsel valid even without defendant's consent)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑prong test for ineffective assistance: deficient performance and prejudice)
- State v. Jackson, 149 Ohio St.3d 55 (Ohio 2016) (definition of deficient performance standard under Ohio law)
- State v. Simpson, 164 Ohio St.3d 102 (Ohio 2020) (application of Strickland standard)
- State v. Lawson, 165 Ohio St.3d 445 (Ohio 2021) (prejudice requires reasonable probability result would differ but for counsel's errors)