State v. Sears

Mark P. Painter, Judge.

{¶ 1} Plaintiff-appellant, the state of Ohio, challenges the trial court’s decision to dismiss the charges against defendant-appellee, Douglas Sears. The trial court held that nine months was an unreasonable delay between the filing of the complaint and the service of the warrant on Sears at an unrelated traffic stop. The state contends that the trial court incorrectly applied a constitutional analysis when the state statute of limitations allowed for a two-year period to begin prosecution for a first-degree misdemeanor.

{¶ 2} But the state confuses the issue. The…