State v. Danzy

Citations

• 2021 Ohio 1483

Syllabus

Motion to dismiss preindictment delay Evid.R. 404(A)(1)/cross-examination of previous conviction R.C. 2945.71(C)(2)/speedy trial R.C. 2945.72/tolling sufficiency manifest weight. Appellant failed in appellant's burden to show that he suffered actual prejudice due to a preindictment delay. Appellee's delay to indict was for investigative purposes, and additionally, appellant was unable to establish what unavailable witnesses might have testified to that would have bolstered appellant's case. There was no error where the trial court denied appellant's motion to dismiss for preindictment delay. On direct, appellant gave testimony that he was nonviolent thereby opening the door for appellee to cross-examine appellant on his previous violent offense. The trial court did not err by allowing the cross-examination to go forth. Where the delays for speedy trial purposes were at appellant's request, there was no violation of appellant's speedy-trial rights. Witness testimony and scientific evidence was sufficient to sustain appellant's conviction the jury was in the best position to determine credibility. Appellant's conviction was not against the manifest weight of the evidence.