State v. Benton

Citations

• 2023 Ohio 153

Syllabus

CONSTITUTIONAL LAW — SPEEDY TRIAL – SIXTH AMENDMENT – PRESUMPTIVE PREJUDICE The trial court did not err by engaging in a constitutional speedy-trial analysis under Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), when it found that the six-and-a-half-month delay between the filing of the first-degree misdemeanor complaint and defendant's arrest resulted in actual, not presumptive, prejudice to defendant. [But see DISSENT: Because the trial court found that the six-and-a-half-month delay in initiating the prosecution was not presumptively prejudicial, the trial court erred in analyzing the remaining Barker factors.]