State v. B.C.

Citations

• 2022 Ohio 384

Syllabus

App.R. 26(B) application for reopening ineffective assistance of appellate counsel speedy trial R.C. 2945.71 R.C. 2945.72 2020 Am.Sub. H.B. No. 197 Sections 22(B) and (C) In re Tolling of Time Requirements Imposed by Rules Promulgated by the Supreme Court and Use of Technology, 03/27/2020 Administrative Actions, 2020-Ohio-1166. Pursuant to R.C. 2945.71(C)(2), a defendant must be brought to trial within 270 days of arrest. Each day of incarceration while awaiting trial, counts as three days toward the 270-day speedy trial requirement per R.C. 2945.71(E). The running of the days counted toward speedy trial can be tolled by any continuance granted on the defendant's motion or any reasonable continuance granted other than upon the defendant's own motion pursuant to R.C. 2945.72(H). Herein, a period of 562 days ran between the defendant's arrest and the commencement of trial. However, only a period of 162 days was chargeable against the 270 days required for speedy trial because the remainder of the days between arrest and the commencement of trial were tolled because of the numerous requests of pretrial continuances, trial continuances, and the tolling of speedy trial from March 9, 2020, through July 30, 2020, as promulgated by the Ohio legislature and the Supreme Court of Ohio.