State v. Evans

Citations

• 2019 Ohio 13

Syllabus

The trial court did not err in overruling Appellant's motion to dismiss. Contrary to Appellant's claim otherwise, the statute governing Appellant's charge for failing to stop after an accident, R.C. 4549.02, does not violate Appellant's Fifth Amendment right against self-incrimination. In addition, the trial court did not abuse its discretion in failing to hold an evidentiary hearing on the issue of whether Appellant suffered actual prejudice as the result of pre-indictment delay. Appellant also failed to establish that his trial counsel provided ineffective assistance by failing to request such a hearing, as Appellant did not demonstrate any resulting prejudice. Judgment affirmed.