State v. Taylor, 2012 Ohio 963

Taylor arrested May 11, 2010 for Domestic Violence, Assault, and Unauthorized Use of a Motor Vehicle; speed-trial waiver filed May 19; added Unlawful Restraint; trial set for June 24; Taylor pled no contest to Domestic Violence June 23 after speedy-trial issues; other charges dismissed; sentenced to 180 days; later court considered 18 U.S.C. 922(g)(9) notice and purported vacatur of plea.
Waiver of speedy trial was withdrawn June 4; June 24 entry to vacate plea was not journalized; June 29 journalized decision kept plea in effect; plea to Domestic Violence remained the basis of conviction.
Unlawful Restraint charged arising with same facts; triple-count and speedy-trial rules applied for added charge; waiver did not cover new charge.
Court found no denial of speedy trial as to Domestic Violence, Assault, and Unauthorized Use of a Motor Vehicle; Unlawful Restraint should have been dismissed but no prejudice shown.
Plea knowingly, voluntarily entered; no retrial on Double Jeopardy; effective assistance of counsel not shown to be deficient; judgment affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Speedy-trial rights violated?	Taylor	Taylor	Not violated as to charged offenses; waiver and triple-count applied; Unlawful Restraint issues dismissed for lack of prejudice.
Was the plea knowingly, intelligently made?	Taylor	Taylor	Plea knowingly, voluntarily entered; not overturned by later 2943.033(C) issue.
Double jeopardy due to withdrawal/reinstatement?	Taylor	Taylor	No double jeopardy; plea remained in effect after reconsideration.
Effective assistance of counsel?	Taylor	Taylor	Counsel's performance not deficient; failure to renew motion not prejudicial.

State v. Kerby, 162 Ohio App.2d 353 (2005-Ohio-3734) (speedy-trial timing and counting rules for misdemeanors)
State v. Mincy, 2 Ohio St.3d 6 (1982-Ohio-0) (flexibility of statutory speedy-trial time; waiver effect)
State v. McBreen, 54 Ohio St.2d 315 (1978-Ohio-0) (waiver authority over speedy-trial right)
State v. Will, 2002-Ohio-4462 (2002-Ohio-4462) (journalization required for court decisions to be effective)
State v. Anderson, 1999 WL 225413 (1999-Ohio-0) (journalization and effectiveness of court decisions)
State v. Boles, 2003-Ohio-2693 (2003-Ohio-0) (prejudice analysis when speedy-trial error occurs)
State v. Wilkinson, 2005-Ohio-314 (2005-Ohio-0) (Crim.R. 11 and collateral consequences need not be exhaustive)
State v. Blackburn, 118 Ohio St.3d 163 (2008-Ohio-1823) (waiver not covering new charges arising from same facts)
State v. Parker, 113 Ohio St.3d 207 (2007-Ohio-1534) (timing for adding charges under same facts)
State v. Adams, 43 Ohio St.3d 67 (1989-Ohio-0) (origination of same facts triggering speedy-trial rules)
State v. Taylor, 98 Ohio St.3d 27 (2002-Ohio-7017) (defendant bound by attorney's waiver of speedy-trial rights)
Benton v. Maryland, 395 U.S. 784 (1969-) (double jeopardy protections)