When State Dismisses Indictment, Files New Charges, Does Prior Continuance Extend ‘Speedy Trial’ Limit?
State of Ohio v. Kenneth Blackburn, Case no. 2007-0519 11th District Court of Appeals (Ashtabula County) ISSUE: When the state dismisses a criminal indictment and subsequently files different charges against a defendant based on the same conduct, should a period of continuance that was requested by the defendant to prepare for trial on the original charges be included or excluded when calculating the 270-day “speedy trial” deadline by which the state must bring the defendant to trial? BACKGROUND: Under R.C. 2945.71, Ohio’s “speedy trial” statute, the state must bring a criminal defendant charged with a felony to trial within a maximum of 270 days after the date of arrest. Failure by the state to try a defendant within the statutory time limit is grounds for dismissal of the charges. The statute provides, however, that a defendant may “waive” (voluntarily give up) his right to be tried within the 270 day limit; and the statute also provides that the speedy trial “clock” in a case is “to
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