Legal Opinion
State v. McGhee
City of Dayton Municipal Court
Decided March 5, 1984No. 83 CRB 9802PublishedCited by 3 opinions
1Opinion of the CourtMerz, J.
This case is before the court upon defendant’s motion to, discharge for lack of speedy trial and for decision on the merits.
Motion to Discharge
Defendant, Leon G. McGhee, presents a statutory argument for dismissal on the grounds he was arrested on September 17, 1983, and more than ninety days have since passed. In the court’s opinion, the police confrontation with McGhee on September 17, 1983 does not even rise to the level of a seizure within the meaning of Brown v. Texas (1979), 443 U.S. 47, much less a physical arrest. Even if a physical arrest had occurred, the statute, R.C. 2945.71, runs…
2Cases cited6 opinions
- Brown v. TexasSupreme Court of the United States · 1979
- State v. WacOhio Supreme Court · 1981
- State v. HafleOhio Court of Appeals · 1977
- State v. ButteryOhio Court of Appeals · 1953
- State v. Lisbon Sales Book Co.Columbiana County Court of Common Pleas · 1961
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3Cited by3 opinions
- State v. CherasoOhio Court of Appeals · 1988
- State v. ChumbleyOhio Court of Appeals · 1998
- State v. ChumbleyOhio Court of Appeals · 1998