Speedy Trial violation in Greene County
While Evelio Sanchez's case was pending, it was transferred from Judge Wolaver's docket to Judge Campbell's docket "to promote docket efficiency and calendar control." Sanchez filed a motion to dismiss on speedy trial grounds and a hearing was held. The trial court overruled Sanchez's motion to dismiss on speedy trial grounds because it found that time was tolled for speedy trial purposes from the date of the transfer to the date of trial. But on appeal, the Second District Court of Appeals of Greene County determined that the time was not tolled because the explanation given in the journal for the transfer was not sufficient pursuant to State v. Mincy (1982), 2 Ohio St.3d 6. The Second District wrote, "[t]here was nothing in the record either setting a trial date, or continuing a trial date, until Sanchez filed his motion to dismiss on January 7, 2009, by which time, the statutory speedy-trial time had already expired." Read the decision here.
