State v. Barrow

Citations

• 2026 Ohio 1236

Syllabus

By failing to appear at a scheduled final pretrial hearing and then at trial, thereby requiring his trial to be rescheduled for a later date, appellant waived his right to assert the seedy trial provisions of R.C. 2945.71 through R.C. 2945.73 for the period of time which elapsed from his initial arrest to the date he was subsequently arrested. Appellant's due process rights were not violated by the two-and-one-half month delay between his arrest and indictment as he could not demonstrate he suffered actual prejudice as a result of the delay. The state presented sufficient evidence appellant committed fifth-degree felony theft. The improper admission of evidence that marijuana was found in appellant's vehicle amounted to harmless error where there was overwhelming evidence that appellant committed the theft offense, as evidenced by his admissions to law enforcement, his trial testimony, the security footage of the thefts, and the wire cutters, magnet, and sensors found in his vehicle.