City of Brecksville v. Cook

661 N.E.2d 706, 75 Ohio St. 3d 53
CourtOhio Supreme Court
DecidedMarch 4, 1996
DocketNo. 94-1897
StatusPublished
Cited by325 cases

This text of 661 N.E.2d 706 (City of Brecksville v. Cook) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Brecksville v. Cook, 661 N.E.2d 706, 75 Ohio St. 3d 53 (Ohio 1996).

Opinion

Moyer, C.J.

This appeal presents two related issues: (1) whether the delay produced by the transfer pursuant to R.C. 1905.0321 of a minor misdemeanor case from the mayor’s court to the municipal court for trial upon a plea of not guilty constitutes a removal such that the speedy trial statute is tolled under R.C. 2945.72(F); and (2) if the statute is tolled, which events mark the beginning and the end of the tolled period?

Ohio’s speedy trial statute was implemented to incorporate the constitutional protection of the right to a speedy trial provided for in the Sixth Amendment to the United States Constitution and in Section 10, Article I of the Ohio Constitution. State v. Broughton (1991), 62 Ohio St.3d 253, 256, 581 N.E.2d 541, 544; see Columbus v. Bonner (1981), 2 Ohio App.3d 34, 36, 2 OBR 37, 39, 440 N.E.2d 606, 608. The constitutional guarantee of a speedy trial was originally considered necessary to prevent oppressive pretrial incarceration, to minimize the anxiety of the accused, and to limit the possibility that the defense will be impaired. State ex rel. Jones v. Cuyahoga Cty. Ct. of Common Pleas (1978), 55 Ohio St.2d 130, 131, 9 O.O.3d 108, 109, 378 N.E.2d 471, 472.

Section 10, Article I of the Ohio Constitution guarantees to the party accused in any court “a speedy public trial by an impartial jury.” “Throughout the long history of litigation involving application of the speedy trial statutes, this court has repeatedly announced that the trial courts are to strictly enforce the legislative mandates evident in these statutes. This court’s announced position of strict enforcement has been grounded in the conclusion that the speedy trial statutes implement the constitutional guarantee of a public speedy trial.” (Citations omitted.) State v. Pachay (1980), 64 Ohio St.2d 218, 221, 18 O.O.3d 427, 429, 416 N.E.2d 589, 591. We are acutely conscious of the magnitude of the rights we interpret today. We have also previously explained, however, that “the prescribed times for trial set forth in R.C. 2945.71 are not absolute in all circumstances, but a certain measure of flexibility was intended by the General Assembly by the enactment of R.C. 2945.72, wherein discretionary authority is [56]*56granted to extend the trial date beyond the R.C. 2945.71 time prescriptions.” State v. Wentworth (1978), 54 Ohio St.2d 171, 173, 8 O.O.3d 162, 163-164, 375 N.E.2d 424, 426. It is against these principles that we analyze the issues now before us.

R.C. 2945.71(A) provides:

“A person against whom a charge is pending in a court not of record, or against whom a charge of minor misdemeanor is pending in a court of record, shall be brought to trial within thirty days after his arrest or the service of summons.”

Circumstances justifying extension of the statutory period are contained in R.C. 2945.72, which provides:

“The time within which an accused must be brought to trial, or, in the case of felony, to preliminary hearing and trial, may be extended only by the following:

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“(F) Any period of delay necessitated by a removal or change of venue pursuant to law[.]”

The Cuyahoga County Court of Appeals held that the transfer of the case from the mayor’s court to the municipal court was not a “removal” within the meaning of R.C. 2945.72(F). The dissent countered that the intent of the legislature, logistical imperatives, and the efficient administration of justice require that the transfer of a case from the mayor’s court to the municipal court be considered a removal under the provisions of R.C. 2945.72(F). Further, the dissenting judge argued that the correct rule was set out in Gahanna v. Partlow (1985), 27 Ohio App.3d 267, 27 OBR 311, 501 N.E.2d 51, providing for tolling of the speedy trial period from the date of arrest or issuance of the summons up to the date of certification from the mayor’s court to the municipal court. For the reasons that follow, we agree.

In determining whether a transfer from the mayor’s court to the municipal court for trial constitutes a removal under R.C. 2945.72(F), we note first that the statute does not specifically define the word “removal.” In the absence of a statutory definition we look to the usual and ordinary definition of the word for guidance. Coventry Towers, Inc. v. Strongsville (1985), 18 Ohio St.3d 120, 122, 18 OBR 151, 152, 480 N.E.2d 412, 414. Webster’s Third New International Dictionary (1986) 1921, defines “removal of causes” as “the taking of pending cases from a state court to a federal court * * *[;] the transfer of a case from one federal court to another[;] the transfer of a case from one to another court within the same state * * Black’s Law Dictionary (6 Ed.1990) 1296, defines “removal of causes” as “[t]he transfer of a case from one court to another; e.g. from one state court to another, or from state court to federal court. * * * More particularly, the transfer of a cause of action, before trial or final hearing [57]*57thereof, from a state court to the United States District Court, under 28 U.S.C.A. § 1441 et seq.”

Though the term “removal” might be used most often in relation to the transfer from state court to a United States District Court under the Federal Rules of Civil Procedure, the General Assembly clearly was not referring to a removal to federal court when it enacted R.C. 2945.72(F). Such a removal is a device of civil rather than criminal procedure, and there is no counterpart provision in the criminal law authorizing removal from state to federal court. We conclude, therefore, that the General Assembly intended the word “removal” in R.C. 2945.72(F) to refer to the transfer of a case from one state court to another, including a transfer from the mayor’s court to the municipal court.

This interpretation is supported by the ease law. Of the Ohio appellate cases directly addressing the issue, two published cases predating the case at bar both conclude that the transfer at issue is precisely the “removal” referred to in R.C. 2945.72(F). See Gahanna v. Partlow, supra, 27 Ohio App.3d 267, 27 OBR 311, 501 N.E.2d 51, and Boston Hts. v. Weikle (1991), 81 Ohio App.3d 165, 610 N.E.2d 526. Only the Cuyahoga County Court of Appeals’ own decision in Oakwood v. Ferrante (1975), 44 Ohio App.2d 318, 73 O.O.2d 374, 338 N.E.2d 767, and two other unreported eases even arguably suggest that the instant transfer is not a removal. In Ferrante, a sua sponte continuance was the central issue in the case and the court of appeals therefore did not directly address the removal issue.

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Cite This Page — Counsel Stack

Bluebook (online)
661 N.E.2d 706, 75 Ohio St. 3d 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-brecksville-v-cook-ohio-1996.