State v. Covington

Citations

• 2021 Ohio 2907

Syllabus

R.C. 2945.71 – R.C. 2945.72 – SPEEDY TRIAL – DISCOVERY – BILL OF PARTICULARS: Defendant was brought to trial within the 90-day speedy-trial period set forth in R.C. 2945.71(B)(2) when considering delays necessitated by defendant's motions and requests for continuances, as well as other reasonable continuances. The trial court did not abuse its discretion in failing to dismiss the charges against defendant when the court allowed the state additional time to produce an officer-worn camera video (which was produced) and where there was no evidence that the dash-cam video requested by defendant still existed. Where defendant's request for a bill of particulars was not timely and was filed without leave of court (after the court ordered that no motions could be filed without leave), and where any resulting error from the state's failure to provide a bill of particulars was harmless because the complaint provided the same information to defendant, the trial court did not err in failing to dismiss the case as a penalty for the state's failure to provide a bill of particulars.