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3 Ohio St. 2d 86

Cunningham v. Haskins

Ohio Supreme Court

Decided July 7, 1965

Ohio Supreme Court · decided 1965-07-07

Key passage — most relied on by later courts

“to constitute a denial of a speedy trial [on constitutional grounds], [the defendant] must have made a request for trial. He cannot create this defense by inaction on his part.”

quoted by 2 later decisions, including 13 Ohio App. 2d 217 - State v. Henry, State v. Michailides

““The fact that petitioner signed his own name to the checks would not prevent the signing of those checks from being a violation of the Ohio statute defining forgery * * * ””

quoted by 1 later decision, including 28 Ohio App. 2d 265 - State v. Evans

Good law ✅— No negative treatment on recordhow we know

Decided 1965-07-07

How this case has been cited

Cited by 4 later decisions — most recently June 2018

4 state decisions

20196519701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1In this action, petitioner alleges that he was denied a speedy trial because he was held for longer than two terms, that he was not guilty of forgery because he signed his own name to the checks on a bank in which he had an account, and that he was denied an appeal.

¶2Petitioner was arrested in April 1963, the indictment was returned in August 1963, and petitioner was tried in December 1963. Clearly, petitioner was not detained for a longer period than is allowed by Section 2945.71 or Section 2945.72, Revised Code. Furthermore, to constitute a denial of a speedy trial, petitioner must have made a request for trial. He cannot create this defense by nonaction on his own part. State v. Cunningham, 171 Ohio St. 54, and Everhart v. Maxwell, Warden, 175 Ohio St. 514. There was no showing of any prejudice resulting from this delay.

¶3The fact that petitioner signed his own name to the checks *87would not prevent the signing of those checks from being a violation of the Ohio statute defining forgery. See Dunham v. Maxwell, Warden, 174 Ohio St. 184, 186, and Clemons v. Alvis, Warden, 168 Ohio St. 83, 86.

¶4Petitioner makes an argument that he was denied an appeal. The basis upon which he urges this argument is somewhat indefinite. He apparently has attempted in some manner to appeal to the Court of Appeals, but the record is vague as to the circumstances.

¶5The petitioner has shown nothing which prejudiced him or that would entitle him to release from his present confinement.

¶6Petitioner remanded to custody.

Tart, 0. J., Zimmerman, Matthias, O’Neill, Schneider and Brown, JJ., concur.Herbert, J., dissents.
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