State v. Jones

Citations

• 242 N.E.3d 172
• 2024 Ohio 1588

Syllabus

Motion to dismiss preindictment delay actual prejudice deceased witness rape R.C. 2907.02(A)(2) kidnapping R.C. 2905.01(A)(4) sufficiency of the evidence manifest weight of the evidence. Trial court did not err in denying defendant's motion to dismiss due to preindictment delay where defendant did not show that he sustained actual prejudice as a result of the preindictment delay. Considering each item of allegedly \lost\ or \unavailable\ evidence, including lost recording of 911 call, lost clothing, lost photographs and lost medical records, in light of other evidence available at the time of the indictment and the relevance of the allegedly unavailable evidence to the defense, defendant failed to show that the items, if available, would have meaningfully impacted his case. Speculation that deceased or missing witness could have had information favorable to defense likewise did not meet defendant's burden of showing actual prejudice. Defendant's convictions for rape in violation of R.C. 2907.02(A)(2) and kidnapping in violation of R.C. 2905.01(A)(4) were supported by sufficient evidence and were not against the manifest weight of the evidence where victim testified that sex was not consensual, witnesses testified regarding the victim's injuries following the incident and the state presented DNA evidence from the victim's sexual-assault examination kits that linked defendant to the rape.