State v. Young

Citations

• 2017 Ohio 7162

Syllabus

Preindictment delay statute of limitations John Doe indictment amendment of indictment speedy trial rape. Judgment affirmed. The record demonstrates that law enforcement used reasonable diligence in its attempts to identify the assailant once it received notice that there was a match on the rape kit. The applicable statute of limitations period is 20 years for rape. Defendant's only claim is that he was unable to find an alibi at the time of the rape. The evidence, however, reveals that defendant was with the victim at that time, given that his DNA was found in the victim's rape kit. Since defendant has the burden of presenting evidence of substantial prejudice and has put forth no evidence, the trial court did not err when it denied his motion to dismiss for preindictment delay. If the defendant is not arrested for the offense, speedy trial time begins on the day he is served with the indictment. If a capias must be issued for the accused, speedy trial time is tolled for this time period.