2014 Ohio 4209
Ohio Ct. App.2014Background
- Strong was re-indicted on robbery in 2013 after two prior dismissals; the trial court denied a speedy-trial dismissal; the state’s key witness repeatedly failed to appear; Strong moved to dismiss and sought prejudice; the court dismissed with prejudice; the state appealed under Crim.R. 2945.67(A); appellate court reversed the prejudice dismissal and remanded for dismissal without prejudice.
- The prior dismissals were for witness non-appearance; the trial court’s reasoning for prejudice was unclear; the court cited time served and witness absence without specifying a constitutional/statutory violation.
- The issue on appeal was whether a Crim.R. 48 dismissal with prejudice can be ordered absent a finding of a constitutional or statutory right violation; the state argued the court may dismiss with prejudice for abuse of process; Strong argued due process concerns warranted prejudice.
- The appellate court determined the trial court abused its discretion by failing to articulate a specific constitutional/statutory violation and by not complying with Crim.R. 48’s reasoning requirements, thus reversing and remanding for a dismissal without prejudice.
- Outcome: prejudice dismissal reversed; remanded for without-prejudice dismissal; second assignment moot; costs to be shared.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal with prejudice was proper under Crim.R. 48 | State | ||
| argues dismissal may be with prejudice for rights violated | Strong | ||
| argues due process/witness non-appearance justified prejudice | Dismissal with prejudice sustained error; reversed and remanded for without-prejudice dismissal |
Key Cases Cited
- State v. Walton, 8th Dist. Cuyahoga No. 87347, 2006-Ohio-4771 (8th Dist. Cuyahoga (2006)) (abuse of discretion standard for Crim.R. 48 dismissal)
- State v. Peters, 8th Dist. Cuyahoga No. 92791, 2009-Ohio-5836 (8th Dist. Cuyahoga (2009)) (required showing of constitutional or statutory right violation for prejudice dismissal)
- State v. Tate, 8th Dist. Cuyahoga Nos. 93384, 93385, 93386, 2010-Ohio-3312 (8th Dist. Cuyahoga (2010)) (discusses Crim.R. 48 and prejudice dismissals)