State v. Hairston

{¶ 1} In this appeal, we are asked to determine whether R.C. 2941.401 places a duty of reasonable diligence on the state to discover the whereabouts of an incarcerated defendant against whom charges are pending.

{¶ 2} Around 1:00 a.m. on September 27, 2000, two men, one of them holding a gun, burst through the back door of Ann and Mike’s Bar, shouting at everyone to stay still. Richard Hairston, who had been seated at the bar, went behind the bar and into the kitchen.

{¶ 3} Meanwhile, the bartender opened the cash register and the two men grabbed money from there and from a tip jar and then…