State v. Cummings

Citations

• 2024 Ohio 3356

Syllabus

Defendant's conviction for assault on a peace officer was proper, and he did not receive ineffective assistance of counsel. Defendant cannot show a reasonable probability that a motion to dismiss on speedy-trial grounds would have been successful at the trial court level despite ambiguities with the trial court's sua sponte continuances because the defendant did not affirmatively assert his right at the trial level and provide the State an opportunity to present evidence that the continuances tolled the defendant's time. Additionally, overwhelming evidence of defendant's guilt makes it clear that the outcome of the trial could not have been different even if another trial strategy was pursued by counsel.