2021 Ohio 1999
Ohio Ct. App.2021Background
- On May 24, 2020 Rochard Young, apparently intoxicated, confronted his on‑/off girlfriend Ashley Butler at her Canton apartment, threatened to "punch [her] head through that glass," and was later found inside her apartment with a broken screened window. Butler called 911.
- Sgt. Birone initially told Young not to return to Butler's apartment; Young later returned. Officers Sens and Johnson chased and subdued Young; he offered "passive resistance," refusing to free an arm for handcuffing.
- Young was indicted on aggravated burglary (amended to trespass in a habitation, R.C. 2911.12(B)), domestic violence (R.C. 2919.25(C),(D)(3)), obstructing official business (R.C. 2921.31(A)), and resisting arrest (nolled).
- Trial was continued sua sponte by the trial court from August to September 23, 2020, due to limited courtroom availability during the COVID‑19 pandemic and to allow newly appointed counsel time to prepare.
- Jury convicted Young on trespass in a habitation, domestic violence, and obstructing official business; court imposed concurrent terms totaling 12 months. Young appealed on speedy‑trial and Crim. R. 29 sufficiency grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court violated the statutory speedy‑trial rule by sua sponte continuing trial past the speedy‑trial deadline | Continuance was reasonable under R.C. 2945.72(H) due to pandemic docketing constraints and need for newly appointed counsel to prepare | Continuance unlawfully extended the statutory speedy‑trial period and violated O.R.C. 2945.71 | Court held continuance reasonable; speedy‑trial rights not violated (continuance journalized with stated reasons) |
| Whether the evidence was insufficient to deny Young's Crim. R. 29 motion for acquittal on trespass, domestic violence, and obstructing official business | State produced evidence of broken window and Young inside apartment (trespass); threat to cause imminent harm while a household member (domestic violence); and actions/refusal that hampered officers (obstructing) | Argued no proof of cohabitation for domestic‑violence status, no actual harm or adequate threat, and no obstructive conduct (had hands at sides) | Court held the evidence sufficient as to each offense and overruled the Crim. R. 29 motion |
Key Cases Cited
- State v. Mincy, 2 Ohio St.3d 6, 441 N.E.2d 571 (trial court must journalize sua sponte continuance and reasons before speedy‑trial expiration)
- State v. Lee, 48 Ohio St.2d 208, 357 N.E.2d 1095 (record must affirmatively show reasonableness/necessity of sua sponte continuance)
- State v. McRae, 55 Ohio St.2d 149, 378 N.E.2d 476 (continuance to allow new counsel time to prepare may be reasonable)
- State v. Dennis, 79 Ohio St.3d 421, 683 N.E.2d 1096 (standard for reviewing sufficiency of the evidence under Crim. R. 29)
- In re Disqualification of Fleegle, 161 Ohio St.3d 1263, 163 N.E.3d 609 (continuing trials because of pandemic emergency can be a "reasonable" continuance under R.C. 2945.72(H))