State v. Cochern

Citations

• 2018 Ohio 265

Syllabus

Sufficiency of the evidence manifest weight of the evidence right to speedy trial. Defendant-appellant's conviction affirmed. The jury's finding that defendant was guilty of rape, kindapping, and disseminating matter harmful to juveniles related to the minor daughter of his former girlfriend was supported by sufficient evidence and was not against the manifest weight of the evidence. The jury's determination that the minor victim's sexual abuse allegations were credible was reasonable despite contradictory testimony related to the sequence of each act of abuse. There was no speedy trial violation under the Sixth Amendment, Ohio Costitution Article I, Section 10, or R.C. 2945.71, et seq., because the majority of the periods of delay were chargeable to defendant-appellant and he twice waived his statutory speedy-trial time. The most lengthy period of delay was caused by his detainment in another jurisdiction resulting in his unavailability for trial for over a year. This time was chargeable to the defendant-appellant under a constitutional speedy-trial analysis and caused his statutory speedy trial clock to begin anew under State v. Bauer, 61 Ohio St.2d 83, 399 N.E.2d 555 (1980).