State v. Sinkovitz, 20 N.E.3d 1206

Paul Sinkovitz was indicted for attempted murder, felonious assault with a firearm specification, and domestic violence arising from an incident on Nov. 23, 2012 in which he choked and shot his wife; he was arrested and held in jail from that date.
A Hocking County grand jury indicted him Dec. 14, 2012; he pleaded not guilty and remained incarcerated (triple-count speedy-trial provision applied).
Defense filed discovery requests, a motion to compel, a request for a jury view, and later a motion to dismiss for violation of R.C. 2945.71 (statutory speedy-trial).
Trial court denied the speedy-trial motion after finding certain defense-filed matters tolled the speedy-trial clock; trial occurred Mar. 28, 2013.
Jury acquitted on attempted murder but convicted on felonious assault (with three-year firearm spec) and domestic violence; total sentence included consecutive terms for assault and firearm spec.
On appeal, Sinkovitz raised (1) denial of dismissal for statutory speedy-trial violation and (2) ineffective assistance of counsel for failing to request state-funded expert(s).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court erred in denying motion to dismiss under R.C. 2945.71 (speedy trial)	State: defense filings tolled time; trial within tolled/adjusted period	Sinkovitz: speedy-trial time expired and court should have dismissed	Court affirmed denial — defense motions (discovery, jury view, motion to dismiss) tolled time; total counted days fell within allowable period under triple-count rule
Whether trial counsel was constitutionally ineffective for not requesting funds for firearms/ballistics experts	State: no deficient performance shown or no prejudice from any failure to obtain experts	Sinkovitz: counsel should have requested state-funded experts (GSR, reconstruction) and prejudice likely	Court rejected claim — even assuming omission was error, defendant failed to show reasonable probability of a different outcome; speculative possibilities insufficient to prove prejudice

State v. Brown, 98 Ohio St.3d 121 (2002) (discovery requests toll speedy-trial time because they divert prosecutorial resources)
Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel: deficient performance and prejudice)
McCann v. Richardson, 397 U.S. 759 (1970) (criminal defendants have a right to counsel)
State v. Issa, 93 Ohio St.3d 49 (2001) (discusses standards for ineffective-assistance claims under Ohio law)
State v. White, 82 Ohio St.3d 16 (1998) (prejudice standard for ineffective assistance requires reasonable probability of different result)
State v. Bradley, 42 Ohio St.3d 136 (1989) (same; sets forth prejudice inquiry under Ohio law)