State v. Blackburn

{¶ 1} We must determine whether the periods of delay resulting from motions filed by a criminal defendant in a previous case also apply when calculating the time within which the defendant must be brought to trial in a subsequent case in which there are different charges based on the same underlying facts and circumstances of the previous case.

{¶ 2} The state is appealing the dismissal of criminal charges against the defendant-appellee, Kenneth Blackburn, for its failure to bring the case to trial within 270 days, as required by R.C. 2945.71(C)(2). This is the third case in which charges have…