State v. Lechner

Citations

• 2019 Ohio 4071

Syllabus

CRIMINAL-COMPETENCY TO STAND TRIAL-SPEEDY TRIAL-TOLLING EVENTS-SELF DEFENSE-DUE PROCESS-SUFFICIENCY AND MANIFEST WEIGHT OF THE EVIDENCE-FELONY SENTENCING - Thirteen month delay between arrest and trial was not presumptively prejudicial for constitutional speedy trial purposes where speedy trial time was tolled for five months due to Appellant's incompetency, and where record demonstrates time was waived indefinitely. The trial court properly instructed the jury that Appellant had the burden of going forward with evidence of the affirmative defense of self defense, which was consistent with the version of R.C. 2901.05 that was in effect at the time. The trial court was not required to consider Appellant's mental illness as a mitigating factor with respect to sentencing where an expert report reviewed by the trial court indicated Appellant was competent at the time he committed the offense.