State v. Vanscoy
2014 Ohio 3482
Ohio Ct. App.2014Background
- Vanscoy arrested July 5, 2012 after grabbing a 17-year-old on the University of Akron campus; indicted on abduction (felony) and assault (misdemeanor).
- After multiple continuances and new counsel, Vanscoy moved to dismiss for speedy-trial violation on May 23, 2013; motion denied May 28, 2013.
- Vanscoy pled no contest on May 31, 2013 and was sentenced to 2 years in prison with a no-contact directive to the victim.
- Trials and pretrials occurred over a period of months with various continuances and journal entries reflecting tolling and scheduling decisions.
- The sentencing entry included a no-contact order with the victim, which Vanscoy argues was not imposed at sentencing and thus cannot stand.
- Court affirms in part and vacates in part: speedy-trial ruling affirmed? (assignment I overruled) and no-contact provision vacated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy-trial violation due to tolling | Vanscoy argues clock violated by tolling and delays. | State contends tolls and waivers preserved timely trial. | Assignment I overruled; delays tolling appropriately. |
| No-contact order not imposed at sentencing | No-contact provision not announced at sentencing, cannot be imposed. | Authority to order no contact arguable; not properly included in sentencing. | No-contact clause vacated; remainder of sentence affirmed. |
Key Cases Cited
- State v. Pachay, 64 Ohio St.2d 218 (1980) (speedy-trial right recognized; statutory framework for timing)
- State v. Jackson, 2012-Ohio-3524 (Ninth Dist. 2012) (tolling and speedy-trial calculations)
- State v. Williams, 2012-Ohio-3417 (Ninth Dist. 2012) (start of speedy-trial clock; jail time counted as tolling days)
- State v. Ramey, 2012-Ohio-2904 (Ohio Supreme Court 2012) (strict construction of extensions under R.C. 2945.72; reasonableness of continuances)
- State v. McRae, 55 Ohio St.2d 149 (1978) (continuance beyond limits may be reasonable if consented to by defense)
