State v. Eatmon

Citations

• 2020 Ohio 3592

Syllabus

Material witness R.C. 2937.16 R.C. 2937.18 R.C. 2941.48 recognizance Crim.R. 48(B) personal service. The trial court's dismissal of the indictment without prejudice was not an abuse of discretion. The state was granted a continuance for additional time to secure material witnesses. The state failed to use the additional time to attempt to obtain personal service on the material witnesses or otherwise directly contact the witnesses and was still not prepared to proceed to trial after the eight-week continuance had expired. The state also failed to provide a sworn affidavit or testimony demonstrating probable cause that warrants were necessary to procure the witnesses.