State v. Wright
2022 Ohio 143
| Ohio Ct. App. | 2022Background
- Appellant Marvin Wright was arrested July 25, 2020 on firearm and domestic-violence related charges; indicted in common pleas on August 3, 2020 and arraigned August 6, 2020.
- Wright filed a discovery request (Aug. 6); the state responded Aug. 19. Several pretrials followed and multiple trial dates were set and vacated.
- On Oct. 5, 2020 defense counsel asked the court to pick a new trial date; court rescheduled to Nov. 2, 2020. Wright filed a motion to dismiss Nov. 2; hearing Nov. 12, 2020 denied.
- November–March 2021 jury trials were suspended by administrative order because of the COVID-19 pandemic; trial dates were repeatedly vacated. Wright filed a second motion to dismiss Jan. 12, 2021; denied in writing Feb. 17, 2021.
- Wright pled no contest to attempted improper discharge into a habitation (reduced third-degree felony) on April 1, 2021, was sentenced May 20, 2021, and timely appealed the denial of his speedy-trial dismissal motion.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Wright) | Held |
|---|---|---|---|
| Whether Wright's Sixth Amendment/Ohio speedy-trial rights and R.C. 2945.71/73 were violated | State: Oct. 5, 2020 colloquy showed defense requested a new trial date, so time tolled; subsequent pandemic continuances were reasonable; motions and discovery pauses also tolled time | Wright: He was jailed the whole period so three-for-one counting yields >270 days; municipal-court time and Oct. 5 continuance should not be tolled to him | Court: Denial of dismissal affirmed. 77 untolled days accrued; three-for-one counting = 231 days < 270. Oct. 5 defense request tolled clock; pandemic continuances were reasonable |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (establishes the federal speedy-trial analysis)
- Mincy v. Ohio, 2 Ohio St.3d 6 (1982) (court must journal continuance and reasons before speedy-trial limit expires)
- State v. Sanchez, 110 Ohio St.3d 274 (2006) (discusses tolling under R.C. 2945.72)
- Brecksville v. Cook, 75 Ohio St.3d 53 (1996) (speedy-trial statutes must be strictly construed against the state)