State v. Dickerson

Citations

• 2022 Ohio 298

Syllabus

Preindictment delay actual prejudice justifiable delay law of the case ineffective assistance of counsel. Trial court erred in finding that defendant failed to establish actual and substantial prejudice based on the period of preindictment delay. Defendant established that he suffered actual prejudice in the form of a deceased witness who was present for a portion of the incident and would have provided testimony that minimized or eliminated the impact of the state's witness. Nevertheless, even though the trial court erred in finding no prejudice, the trial court was correct, given its finding, in deciding not to address the issue of the state's reason for the delay. The case is thus affirmed in part and reversed in part and remanded for the trial court to determine whether the state provided sufficient reason to justify the period of preindictment delay.