State v. Moore

Citations

• 2017 Ohio 1307

Syllabus

Defendant-appellee's speedy trial and due process rights were not violated by the approximate six-year delay between the police seizure of his cellular telephone in a different indicted case and his indictment in this case based upon nude images of minors subsequently and inadvertently discovered on the cellular telephone. Defendant-appellee's speedy trial rights were not violated because the criminal charges in this case arise from facts different from the facts of the previous case and the State had no knowledge of or reason to believe these facts existed at the time of the first indictment. Defendant-appellee's due process rights were not violated because he did not suffer actual prejudice as a result of the preindictment delay, and assuming actual prejudice, the State established reasonable justification for the delay. Reversed and Remanded.