STATE v. JONES

No. 2015-1427.

148 Ohio St.3d 167 (2016)

2016-Ohio-5105

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

Supreme Court of Ohio.

Decided July 27, 2016.


Attorney(s) appearing for the Case

Timothy J. McGinty , Cuyahoga County Prosecuting Attorney, and Brett Hammond and Daniel T. Van , Assistant Prosecuting Attorneys, for appellant.

Russell S. Bensing , for appellee.

Michael DeWine , Attorney General, Eric E. Murphy , State Solicitor, and Samuel C. Peterson , Deputy Solicitor, urging reversal for amicus curiae Ohio Attorney General Michael DeWine.

Joseph T. Deters , Hamilton County Prosecuting Attorney, and Rachel Lipman Curran , Assistant Prosecuting Attorney, urging reversal for amicus curiae Ohio Prosecuting Attorneys Association.

Calfee, Halter & Griswold, L.L.P., Georgia W. Yanchar , and Alexander B. Reich ; and Goodwin Procter, L.L.P., Kevin P. Martin , Alexandra D. Valenti , and Brigid M. Morris , urging reversal for amici curiae Joyful Heart Foundation, Aequitas: The Prosecutors' Resource on Violence Against Women, Rape Abuse Incest National Network (RAINN), Ohio Alliance to End Sexual Violence, and National Alliance to End Sexual Violence.

Timothy Young , Ohio Public Defender, and Terrence K. Scott , Assistant Public Defender, urging affirmance for amicus curiae Ohio Public Defender.

Robert L. Tobik , Cuyahoga County Public Defender, and Erika Cunliffe , Jeffrey Gamso , and Cullen Sweeney , Assistant Public Defenders; and Kevin Spellacy , urging affirmance for amici curiae Cuyahoga County Public Defender and Cuyahoga Criminal Defense Attorneys Association.

Sarah M. Schregardus , urging affirmance for amicus curiae Ohio Association of Criminal Defense Lawyers.

LANZINGER, J., concurs in judgment only.


{¶ 1} This discretionary appeal by the state of Ohio asks this court to clarify the standard governing claims of prejudice based on preindictment delay. The Cuyahoga County Court of Common Pleas dismissed charges of rape and kidnapping against appellee, Demetrius Jones...

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