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State v. Vanscoy
2014 Ohio 3482
Ohio Ct. App.
2014
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Background

  • 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)
Read the full case

Case Details

Case Name: State v. Vanscoy
Court Name: Ohio Court of Appeals
Date Published: Aug 13, 2014
Citation: 2014 Ohio 3482
Docket Number: 26964
Court Abbreviation: Ohio Ct. App.