State v. Lee

Citations

• 2024 Ohio 1802

Syllabus

Appellant was retried within a reasonable time following our prior reversal of his convictions and remand for retrial his constitutional right to a speedy trial was not violated. Appellant was not prejudiced by the trial court's ruling that the State could present the video testimony of a deceased witness from the first trial in the second trial, because the State ultimately did not present that testimony at the second trial. Appellant was repeatedly advised of his constitutional right to be present at all critical stages of his trial, but he knowingly and voluntarily waived that right when he adamantly refused to leave his cell to attend the trial. The trial court erred by relying on appellant's jury waiver executed prior to the first trial on having weapons under disability counts in deciding to try those counts to the court in the second trial. Judgment reversed and remanded with respect to the weapons under disability counts judgment affirmed in all other respects.