State v. Akers

Citations

• 2025 Ohio 5409

Syllabus

CRIMINAL-STATUTE OF LIMITATIONS FOR FELONY OFFENSES, R.C. 2901.13(F)-INEFFECTIVE ASSISTANCE OF COUNSEL - State did not exercise reasonable diligence in commencing prosecution where warrant was issued pursuant to Crim.R. 4(D) in March 2018; attempt to serve was not made at appellant's last known address but instead at address where law enforcement authorities told appellant to leave; record contains no evidence appellant attempted to hide himself or otherwise attempted to avoid prosecution; and indictment and summons was not served until March 2023; trial counsel rendered ineffective assistance of counsel by failing to file motion to dismiss indictment based on failure to commence prosecution within the applicable limitations period.