State v. Tauwab
2015 Ohio 3751
Ohio Ct. App.2015Background
- Tauwab was indicted for grand theft in Summit County, Ohio, and later failed to appear at a March 26, 2014 pretrial, leading to a warrant.
- By April 25, 2014 Tauwab began serving a separate sentence in Trumbull Correctional Institution for another conviction, while in Stark County custody awaiting disposition.
- Tauwab filed nothing with the court from March 26, 2014 until December 3, 2014, when he submitted a pro se notice and motions related to dismissal and discovery.
- On December 3, 2014 Tauwab moved to dismiss the indictment alleging a speedy-trial violation, attaching documents to his motion.
- The trial court denied the motion to dismiss on December 17, 2014, noting lack of timely, properly delivered notices and non-receipt of documents by the relevant offices.
- Tauwab pleaded no contest under a plea agreement on March 16, 2015, and was sentenced to six months, consecutive to his Stark County term; the court later affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Tauwab was denied a speedy trial under R.C. 2941.401 | Tauwab argues proper invocation occurred April 25, 2014. | State contends notices were not properly delivered to warden/court, so no invocation. | No speedy-trial violation; invocation not properly established. |
Key Cases Cited
- State v. Kist, 173 Ohio App.3d 158 (11th Dist. 2007) (mixed fact-law standard for speedy-trial review)
- State v. Downing, 2004-Ohio-5952 (9th Dist. Summit No. 22012) (de novo review on questions of law; clearly erroneous for facts)
- State v. Payne, 2014-Ohio-4326 (9th Dist. Lorain No. 13CA010406) (R.C. 2941.401 applies to incarcerated defendants)
- State v. Barrett, 2010-Ohio-5139 (8th Dist. Cuyahoga No. 94434) (R.C. 2941.401 governs notices and continuances during imprisonment)
- State v. Hairston, 2004-Ohio-969 (Ohio) (incarcerated defendant: 2941.401 controls speedy-trial rights)
- State v. Skorvanek, 2010-Ohio-1079 (9th Dist. Lorain No. 08CA009400) (supersedes 2945.71 when imprisoned; 2941.401 prevails)
- Cleveland v. Adkins, 2004-Ohio-1118 (8th Dist.) (when imprisoned, 2941.401 governs speedy-trial rights over 2945.71)
- State v. Smith, 140 Ohio App.3d 81 (3d Dist. 2000) (rejects reliance on 2945.71 where inmate is in state facility)
- State v. Munns, 2006-Ohio-1852 (5th Dist. Richland No. 2005-CA-0065) (prima facie speedy-trial violation when not tried within 180 days)