Legal Opinion

In re D.S.

Ohio Supreme Court

Decided August 29, 2013No. 2012-1041Published

1DissentO’Connor, C.J.

{¶ 2} I dissent from the majority’s decision to dismiss this appeal as having been improvidently accepted. The state’s proposition of law presents a substantial question regarding the effect of a juvenile’s failure to provide discovery on the calculation of speedy-trial time. I would address the merits of the appeal and hold that the statutory speedy-trial time is tolled when a juvenile prosecuted as a serious youthful offender (“SYO”) fails to respond to the state’s request for discovery. Accordingly, I would reverse the judgment of the court of appeals and remand the cause to the juvenile…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. City of Lakewood v. PapadelisOhio Supreme Court · 1987
  3. In re C.S.Ohio Supreme Court · 2007
  4. State v. PalmerOhio Supreme Court · 2007
  5. State v. AthonOhio Supreme Court · 2013

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