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Tuesday, March 1, 2011
State v. Ignat; right to a speedy trial
Pursuant to R.C. 2945.71, defendants in Ohio have a right to a trial within 45 days. The issue in State v. Ignat, at the 12th District Court of Appeals, was whether the defendant's right to a speedy trial was violated where the trial commenced 61 countable days after the arrest but where the state argued good cause for the delay. In that case, the state admitted that the trial did not commence until 61 days after her arrest (excluding a few days because of a waiver of the right to a speedy trial). The defendant claimed that the 61 days exceeded the statutory 45 day limit and requested dismissal of the case. The state argued that its delay was reasonable, because the arresting officer suffered a heart attack and was unable to testify at an earlier scheduled trial date. The Court of Appeals agreed, and affirmed the district court's conviction.
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