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STATE v. WHITING

No. 97-2162.

84 Ohio St.3d 215 (1998)

THE STATE OF OHIO, APPELLEE, v. WHITING, APPELLANT.

Supreme Court of Ohio.

Decided December 30, 1998.

Attorney(s) appearing for the Case

James D. Bennett, Miami County First Assistant Prosecuting Attorney, for appellee.

Sirkin, Pinales, Mezibov & Schwartz, Martin S. Pinales and John Feldmeier, for appellant.

COOK, J.

We confirm today our earlier pronouncement in State v. Luck (1984), 15 Ohio St.3d 150, 15 OBR 296, 472 N.E.2d 1097, that where a defendant moves to dismiss an indictment and presents evidence establishing substantial prejudice resulting from preindictment delay, the state bears the burden of producing evidence of a justifiable reason for the delay. According to the Luck burdenshifting...

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