State v. Bernard

Summary

The Ohio Third District Court of Appeals affirmed the Crawford County Court of Common Pleas judgment in James J. Bernard’s criminal case. The court held that Bernard’s guilty plea waived his statutory and constitutional speedy-trial claims. The court alternatively concluded that the Barker factors did not establish a constitutional speedy-trial violation.

Holdings

1. By entering a guilty plea, Bernard waived his constitutional and statutory rights to a speedy trial and therefore could not obtain appellate review of his speedy-trial challenge.
2. Even if Bernard had not waived the claim, the record did not establish a constitutional speedy-trial violation because the Barker factors did not weigh in his favor.

Questions Presented

1. Whether Bernard's guilty plea waived his constitutional and statutory speedy-trial claims on appeal.
2. Alternatively, whether the delay between Bernard's indictment and service of the indictment violated his constitutional right to a speedy trial under the four-factor Barker analysis.

Disposition

affirmed