STATE v. PERKINS

Appellate No. 08-CA-0081.

2009 Ohio 3033

State of Ohio, Plaintiff-Appellant, v. Larry D. Perkins, Defendant-Appellee.

Court of Appeals of Ohio, Second District, Clark County.

Rendered on June 19, 2009.


Attorney(s) appearing for the Case

Amy M. Smith, Atty. Reg. #0081712, Clark County Prosecutor's Office, 50 East Columbia Street, 4th Floor, P.O. Box 1608, Springfield, Ohio 45501, Attorney for Plaintiff-Appellant.

William O. Cass, Jr., Atty. Reg. #0035417, 3946 Kettering Boulevard, Suite 202, Kettering, Ohio 45439, Attorney for Defendant-Appellee.


OPINION

FAIN, J.

{¶ 1} Plaintiff-appellant the State of Ohio appeals from an order of the trial court dismissing an indictment against defendant-appellee Larry Perkins, upon the ground that Perkins's constitutional right to a speedy trial had been violated. We conclude that in exercising its discretion, the trial court erred when it failed to consider all four of the factors established by the United States Supreme Court in Barker v...

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