State v. Powell

Summary

The Ohio Third District Court of Appeals affirmed the dismissal with prejudice of an indictment against Ronald D. Powell, Jr. The court held that Powell satisfied his obligations under Ohio Revised Code section 2941.401 by delivering his notice and request for final disposition to the prison warden, and that the State failed to bring the matter to trial within the resulting 180-day period. The court therefore concluded that the trial court lacked jurisdiction and overruled the State’s assignment of error.

Holdings

1. A prisoner satisfies the delivery requirement of R.C. 2941.401 when he provides written notice of the place of imprisonment and a request for final disposition to the warden or superintendent having custody of him. Powell fulfilled that duty by signing and returning the pre-filled notice and request to ODRC personnel.
2. The 180-day statutory speedy-trial period begins when the prisoner causes the notice and request for final disposition to be delivered to the warden, not when the prosecutor actually receives the documents.
3. The trial court properly dismissed the action with prejudice because the 180-day period under R.C. 2941.401 expired without the matter being brought to trial, leaving the court without jurisdiction.

Questions Presented

1. Whether Powell satisfied R.C. 2941.401 by delivering written notice of his imprisonment and a request for final disposition to the warden or superintendent having custody of him.
2. Whether the State's failure to deliver the request to the prosecuting attorney prevented commencement of the 180-day statutory speedy-trial period.
3. Whether the trial court properly dismissed the action with prejudice after the 180-day period expired.

Disposition

affirmed