State v. Saffell, 518 N.E.2d 934 (Ohio 1988). · Go Syfert
State v. Saffell, 518 N.E.2d 934 (Ohio 1988). Cases Citing This Book View Copy Cite
302 citation events (245 in the last 25 years) across 6 distinct courts.
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Humphreys (2×)
Ohio Ct. App. · 2026 · confidence medium
Therefore, “[c]ontinuances that a defendant requests toll the clock under R.C. 2945.75(H).” State v. Lewis, 2021-Ohio-1895, ¶ 35 (2d Dist.). “‘[W]here a continuance is not based on the defendant’s request, it will extend the speedy trial time only if the continuance is reasonable and necessary under the circumstances of the case.’” Knott at ¶ 23 , quoting State v. Willis, 2016-Ohio-616, ¶ 17 (6th Dist.), citing State v. Saffell, 35 Ohio St.3d 90, 91 (1988).
discussed Cited as authority (rule) State v. Friend (2×) also: Cited "see"
Ohio Ct. App. · 2025 · confidence medium
State v. Saffell, 35 Ohio St.3d 90, 91-92 (1988). {¶65} As to the second disputed continuance, the trial court issued a judgment explaining when granting the state a continuance until September 19, 2024 the court “inadvertently failed to account for a continuing education seminar it was attending on that same date.” As a result, “due to the unavailability of the Court,” trial was continued to the “first available date” of September 26, 2024. (9/10/24 J.E.).
discussed Cited as authority (rule) State v. Davis
Ohio Ct. App. · 2025 · confidence medium
However, “[w]here a continuance is not based on the defendant’s request, it will extend the speedy trial time only if the continuance is reasonable and necessary under the circumstances of the case.” Id., quoting State v. Willis, 2016-Ohio- 616, ¶ 17 (6th Dist.), citing State v. Saffell, 35 Ohio St.3d 90, 91 (1988).
discussed Cited as authority (rule) State v. Konicki
Ohio Ct. App. · 2025 · confidence medium
“The question of whether a continuance is reasonable ‘depends on the peculiar facts and circumstances of a particular case’ and therefore must be reviewed on a case-by-case -9- basis.” Id. at ¶ 24, quoting State v. Saffell, 35 Ohio St.3d 90, 91 (1988), and State v. Najjar-Banks, 2019-Ohio-3337 , ¶ 30 (5th Dist.).
discussed Cited as authority (rule) State v. Votaw
Ohio Ct. App. · 2024 · confidence medium
“The Supreme Court has further held, however, that ‘an appellate court may affirm a conviction challenged on speedy-trial grounds even if the trial court did not expressly enumerate any reasons justifying the delay when the reasonableness of the continuance is otherwise affirmatively demonstrated by the record.’ ” Id., quoting Ramey at ¶ 33. {¶ 24} “The question of whether a continuance is reasonable ‘depends on the peculiar facts and circumstances of a particular case’ and therefore must be reviewed on -11- a case-by-case basis.” Sweeney at ¶ 24 , quoting State v. Saffell, …
discussed Cited as authority (rule) Willowick Bldg. Dept. v. Shoregate Towers NS, L.L.C.
Ohio Ct. App. · 2024 · confidence medium
“When a trial court exercises its discretion to continue the period for trial beyond the statutory limit, … the period of continuance must be reasonable.” State v. Ramey, 2012-Ohio-2904, ¶ 28 ; State v. Saffell, 35 Ohio St.3d 90, 91 (1988) (R.C. 2945.72(H) “permits a continuance beyond the ninety-day limit so long as the continuance is reasonable” and “necessary under the circumstances of the case”).
discussed Cited as authority (rule) Willowick Bldg. Dept. v. Getachew
Ohio Ct. App. · 2024 · confidence medium
“When a trial court exercises its discretion to continue the period for trial beyond the statutory limit, … the period of continuance must be reasonable.” State v. Ramey, 2012-Ohio-2904, ¶ 28 ; State v. Saffell, 35 Ohio St.3d 90, 91 (1988) (R.C. 2945.72(H) “permits a continuance beyond the ninety-day limit so long 3 Case No. 2024-L-003 as the continuance is reasonable” and “necessary under the circumstances of the case”).
discussed Cited as authority (rule) Willowick Bldg. Dept. v. Getachew
Ohio Ct. App. · 2024 · confidence medium
“When a trial court exercises its discretion to continue the period for trial beyond the statutory limit, … the period of continuance must be reasonable.” State v. Ramey, 2012-Ohio-2904, ¶ 28 ; State v. Saffell, 35 Ohio St.3d 90, 91 (1988) (R.C. 2945.72(H) “permits a continuance beyond the ninety-day limit so long as the continuance is reasonable” and “necessary under the circumstances of the case”). 3 Case No. 2024-L-005 It has been recognized that “it is difficult, if not unwise, to establish a per se rule of what constitutes ‘reasonableness’ beyond the ninety-day strict…
discussed Cited as authority (rule) State v. Sweeney
Ohio Ct. App. · 2024 · confidence medium
“Where a continuance is not based on the defendant’s request, it will extend the speedy trial time only if the continuance is reasonable and necessary under the circumstances of the case.” State v. Willis, 2016- Ohio-616, ¶ 17 (6th Dist.), citing State v. Saffell, 35 Ohio St.3d 90, 91 (1988).
discussed Cited as authority (rule) State v. Coleman (2×) also: Cited "see"
Ohio Ct. App. · 2022 · confidence medium
“Invariably, resolution of [the] question [of reasonableness under R.C. 2975.72(H)] depends on the peculiar facts and circumstances of a particular case.” State v. Saffell, 35 Ohio St.3d 90, 91 (1988). {¶14} Mr. Coleman was arrested on November 9, 2019, so his speedy trial time began to run the following day.
cited Cited as authority (rule) State v. Shaffer
Ohio Ct. App. · 2022 · confidence medium
Licking No. 2005 CA 00046, 2005-Ohio-6198 . ¶ 32, citing State v. Saffell, 35 Ohio St.3d 90, 91 (1988).
cited Cited as authority (rule) State v. Hughey
Ohio Ct. App. · 2020 · confidence medium
State v. Saffell, 35 Ohio St.3d 90, 92 (1988); see also State v. Hamlet, 9th Dist.
cited Cited as authority (rule) State v. Smith
Ohio Ct. App. · 2020 · confidence medium
State v. Saffell, 35 Ohio St.3d 90, 91-92 (1988).
cited Cited as authority (rule) State v. Brown
Ohio Ct. App. · 2019 · confidence medium
No. 04AP-1228, 2005-Ohio-4281, ¶ 35 , citing State v. Saffell, 35 Ohio St.3d 90, 91 (1988).
cited Cited as authority (rule) City of Cleveland v. Collins
Ohio Ct. App. · 2018 · confidence medium
Gibson at ¶ 19, citing Lee ; Saffell at 92, 518 N.E.2d 934 . {¶ 57} We must strictly construe any ambiguity in the record in favor of the accused.
discussed Cited as authority (rule) State v. Davis
Ohio Ct. App. · 2013 · confidence medium
"What constitutes a reasonable time ' "depends on the particular facts and circumstances of a particular case." ' " Id. at ¶ 15, quoting State v. Monroe, 4th Dist No. 05CA3042, 2007-Ohio-1492, ¶ 34 , quoting State v. Saffell, 35 Ohio St.3d 90, 91 (1998).
discussed Cited as authority (rule) State v. Kopchak, 06ca108 (8-7-2007)
Ohio Ct. App. · 2007 · confidence medium
Invariably resolution of such a question depends on the peculiar facts of a particular case." Saffell at 91, 518 N.E.2d 934 . {¶ 35} In the case sub judice , the trial court granted the state's request for a continuance because Dep. Morton was unavailable to testify on July 17, 2006 and August 14, 2006.
cited Cited "see" State v. Laughbaum
Ohio Ct. App. · 2026 · signal: see · confidence high
See State v. Saffell, 35 Ohio St.3d 90 (1988).
discussed Cited "see" State v. Travers (2×)
Ohio Ct. App. · 2024 · signal: see · confidence high
See State v. Saffell (1988), 35 Ohio St.3d 90, 91 , 518 N.E.2d 934 (arresting officer on vacation); State v. Green, 11th Dist.
discussed Cited "see" State ex rel. Repp v. Best (2×)
Ohio · 2023 · signal: see · confidence high
See State v. Saffell, 35 Ohio St.3d 90, 92 , 518 N.E.2d 934 (1988) (holding that a trial judge was not “required to request the assignment of a visiting judge pursuant to R.C. 1901.10” because “assignment of such visiting judges is primarily and constitutionally within the discretion of the Chief Justice of this court”).
discussed Cited "see" State v. Daily, Unpublished Decision (11-3-2006) (2×)
Ohio Ct. App. · 2006 · signal: see · confidence high
See, State v. Saffell (1988), 35 Ohio St.3d 90 , 91 , 518 N.E.2d 934 . {¶ 19} The trial court's January 4, 2005 order was issued 219 days after appellant's arrest — clearly prior to the expiration of the 270 day statutory time limit.
cited Cited "see" State v. Baker, Unpublished Decision (5-22-2006)
Ohio Ct. App. · 2006 · signal: see · confidence high
See Saffell, 35 Ohio St.3d at 91 . {¶ 59} However, this was not the first continuance sought by the state; instead, it was the fourth.
cited Cited "see" State v. Elliott, Unpublished Decision (4-27-2004)
Ohio Ct. App. · 2004 · signal: see · confidence high
See State v. Saffell (1988), 35 Ohio St.3d 90 (continuance due to officer being on vacation on the original trial date was not unreasonable).
discussed Cited "see" State v. Barnett, Unpublished Decision (4-21-2003)
Ohio Ct. App. · 2003 · signal: see · confidence high
See State v. Saffell (1988), 35 Ohio St.3d 90 (continuance due to officer's being on vacation on the original trial date was not unreasonable); High , 143 Ohio App.3d at 232 (continuance beyond speedy trial deadline reasonable in order to await results of DNA testing). {¶ 12} Because of these tolling events, appellant was brought to trial well within the statutory time limits.
discussed Cited "see" State v. Webb, Unpublished Decision (7-12-2002) (2×)
Ohio Ct. App. · 2002 · signal: see · confidence high
See State v. Orrill (1990), 66 Ohio App.3d 259 , 261 , citing State v. Mincy (1982), 2 Ohio St.3d 6 and State v. Saffell (1988), 35 Ohio St.3d 90 .
cited Cited "see" State v. Heater, Unpublished Decision (5-9-2001)
Ohio Ct. App. · 2001 · signal: see · confidence high
See State v. Saffell (1988), 35 Ohio St.3d 90 , 91 (holding that reasonableness should be determined on a case-by-case basis).
examined Cited "see" Village of Amberley v. Levine (4×)
Oh. Muni. Ct., Hamilton · 2000 · signal: see · confidence high
See State v. Saffell (1988), 35 Ohio St.3d 90 , 518 N.E.2d 934 .
cited Cited "see" State v. Walker, Unpublished Decision (7-6-1999)
Ohio Ct. App. · 1999 · signal: see · confidence high
See, Saffell, supra. Therefore, we find the trial court's granting of the State's motion for a continuance due to the unavailability of Trooper Dray was not unreasonable.
discussed Cited "see" State v. Stamps (2×)
Ohio Ct. App. · 1998 · signal: see · confidence high
See State v. Clements (Dec. 24, 1990), Clermont App. No. CA90-04-033, unreported, 1990 WL 210809 , interpreting State v. Saffell (1988), 35 Ohio St.3d 90 , 518 N.E.2d 934 . 10 .
discussed Cited "see, e.g." State v. Wilson (2×)
Ohio Ct. App. · 2020 · signal: see, e.g. · confidence low
Clark No. 2013 CA 118, 2014-Ohio-4605, ¶ 14 ; see, e.g., State v. Saffell, 35 Ohio St.3d 90 , 518 N.E.2d 934 (1988); State v. Nesser, 2d Dist.
discussed Cited "see, e.g." State v. Wilson (2×)
Ohio Ct. App. · 2018 · signal: see also · confidence low
Butler No. CA2011-09-169, 2013-Ohio-856 , 2013 WL 938598 , ¶ 33-34 ; see also State v. Saffell , 35 Ohio St.3d 90 , 91-92, 518 N.E.2d 934 (1988) (finding that delay caused by an arresting officer's unavailability due to the officer's vacation was reasonable and tolled the speedy trial time period).
discussed Cited "see, e.g." State v. Wilson
Ohio Ct. App. · 2018 · signal: see also · confidence medium
Butler No. CA2011-09-169, 2013-Ohio-856, ¶ 33-34 ; see also State v. Saffell, 35 Ohio St.3d 90, 91-92 (1988) (finding that delay caused by an arresting officer's unavailability due to the officer's vacation was reasonable and tolled the speedy trial time period).
discussed Cited "see, e.g." State v. Jones (2×)
Ohio Ct. App. · 2014 · signal: see, e.g. · confidence low
See, e.g., State v. Saffell, 35 Ohio St.3d 90 , 518 N.E.2d 934 (1988); State v. Nesser, 2d Dist.
discussed Cited "see, e.g." State v. Nesser (2×)
Ohio Ct. App. · 2014 · signal: see, e.g. · confidence low
See, e.g., State v. Saffell, 35 Ohio St.3d 90 , 518 N.E.2d 934 (1988); State v. Rivera, 11th Dist.
discussed Cited "see, e.g." State v. Constable, Ca2006-12-107 (12-10-2007)
Ohio Ct. App. · 2007 · signal: see also · confidence low
See, also, State v. Saffell (1988), 35 Ohio St.3d 90 , 91-92 . *Page 5 Furthermore, this court determined that a continuance granted under these circumstances operated as a tolling event under R.C. 2945.72 (H) (the period of any reasonable continuance granted other than upon the accused's own motion extends the speedy trial deadline).
cited Cited "see, e.g." State v. Berrien, Unpublished Decision (9-5-2006)
Ohio Ct. App. · 2006 · signal: see, e.g. · confidence low
See, e.g., State v. Saffell (1988), 35 Ohio St.3d 90 , 91-92 .
discussed Cited "see, e.g." State v. Mailey, Unpublished Decision (6-30-2006) (2×)
Ohio Ct. App. · 2006 · signal: see also · confidence low
No. C-950223; State v. Butcher (1986), 27 Ohio St.3d 28 , 30-31 , 500 N.E.2d 1368 , 1370 . 14 Id., citing State v. Singer (1977), 50 Ohio St.2d 103 , 362 N.E.2d 1216 ; Cleveland v. Jones (1996), 110 Ohio App.3d 791 , 675 N.E.2d 498 . 15 R.C. 2945.73 (B). 16 Mincy, 2 Ohio St.3d 6 , 441 N.E.2d 571 , syllabus. 17 Stamps, 127 Ohio App.3d at 224 , 712 N.E.2d 762 ; see, also, State v. Saffell (1988), 35 Ohio St.3d 90 , 91 , 518 N.E.2d 934 ; Aurora v. Patrick (1980), 61 Ohio St.2d 107 , 109 , 399 N.E.2d 1220 . 18 Id. 19 Id.
discussed Cited "see, e.g." State v. Dunckleman, Unpublished Decision (8-30-2002) (2×)
Ohio Ct. App. · 2002 · signal: see also · confidence low
See, also, State v. Saffell (1988), 35 Ohio St.3d 90 , 91-92 , 518 N.E.2d 934 .
discussed Cited "see, e.g." State v. Burdick, Unpublished Decision (5-26-2000)
Ohio Ct. App. · 2000 · signal: see, e.g. · confidence medium
See, e.g ., Saffell , 35 Ohio St.3d at 91 (holding that it was reasonable for the trial court to grant a continuance beyond the ninety-day speedy trial limit based in part on the fact that the arresting officer was to be on vacation on the originally scheduled trial date).
cited Cited "see, e.g." State v. Ritter, Unpublished Decision (12-10-1999)
Ohio Ct. App. · 1999 · signal: see, e.g. · confidence low
See, e.g. , Saffell , 35 Ohio St.3d at 91 ; State v. Menke (May 18, 1988), Montgomery App. No. 10735, unreported, at 1, 1988 WL 53916 .
discussed Cited "see, e.g." State v. Orrill (2×)
Ohio Ct. App. · 1990 · signal: see also · confidence low
See, also, State v. Saffell (1988), 35 Ohio St.3d 90 , 518 N.E.2d 934 .
Retrieving the full opinion text from the archive…
The State of Ohio
v.
Saffell
No. 86-786.
Ohio Supreme Court.
Feb 3, 1988.
518 N.E.2d 934
Richard L. Fox, assistant city prosecutor, for appellant., Mary E. Wade, joint county public defender, for appellee.
Brown, Douglas, Holmes, Locher, Moyer, Sweeney, Wright.
Cited by 134 opinions  |  Published

Lead Opinion

Per Curiam.

R.C. 2945.72 provides in relevant part that: “* * * the time within which an accused must be brought to trial * * * may be extended only by * * * (H) * * * the period of any reasonable continuance granted other than upon the accused’s own motion.”

While R.C. 2945.71 prescribes that the instant defendant be brought to trial within ninety days of her arrest, the above-quoted statutory section permits a continuance beyond the ninety-day limit so long as the continuance is reasonable. In addition, precedent requires that such a continuance be necessary under the circumstances of the case. Aurora v. Patrick (1980), 61 Ohio St. 2d 107,15 O.O. 3d 150, 399 N.E. 2d 1220.

It is contended by the state that the continuance granted in the cause sub judice was necessary based on the fact that the arresting officer was to be on vacation on the date originally set for defendant’s trial. Nevertheless, the appellate court majority opined that while a continuance based on such a rationale was reasonable, the date set herein beyond the ninety-day period of R.C. 2945.71 was unreasonable in light of the fact that a trial for defendant could have been held prior to the expiration of the ninety-day period, but for the fact that the trial judge would be unavailable during the week of July 15, 1985. The court of appeals noted that the trial judge did not request the services of a visiting judge from the Chief Justice of the Supreme Court of Ohio pursuant to R.C. 1901.10.

Under the facts of this case, we do not believe that the continuance permitted by the trial judge was unreasonable within the ambit of R.C. 2945.72(H). In cases such as these, it is difficult, if not unwise, to establish a per se rule of what constitutes “reasonableness” beyond the ninety-day stricture of R.C. 2945.71. Invariably, resolution of such a question depends on the peculiar facts and circumstances of a particular case. We hold that since the record affirmatively demonstrates that the continuance was reasonable in light of its necessity or purpose, a continuance setting the trial- date beyond the ninety-day limit of R.C. 2945.71 should be permitted in this cause. See State v. Lee (1976), 48 Ohio St. 2d 208, 2 O.O. 3d 392, 357 N.E. 2d 1095.

Here, the state moved that the trial as originally scheduled be con[*92] tinued based on the fact that the arresting officer would be on vacation at that time. In the journal entry granting the continuance, the reasons for the continuance were specified prior to the expiration of the time limit prescribed in R.C. 2945.71. State v. Mincy (1982), 2 Ohio St. 3d 6, 2 OBR 282, 441 N.E. 2d 571.

A review of the record developed below indicates that July 24, 1985 was the earliest possible date that could have been set for defendant’s trial, other than the week of July 15, 1985 when the trial judge was to be out of town. We do not believe that under such circumstances the trial judge was required to request the assignment of a visiting judge pursuant to R.C. 1901.10, given the fact that the assignment of such visiting judges is primarily and constitutionally within the discretion of the Chief Justice of this court. See Section 5(A), Article IV of the Ohio Constitution.

The record developed below reveals that the continuance and the reasons underlying it were journalized prior to the expiration of the ninety-day statutory time period consistent with the holding in Mincy, supra. In addition, we find that the record affirmatively indicates that the continuance granted a mere three days beyond the ninety-day limitation of R.C. 2945.71 was reasonable under the circumstances. Lastly, we hold that the continuance was necessary given the peculiar facts of the case. Aurora, supra. While under a different fact situation a continuance granted three days beyond the limitation of R.C. 2945.71 may be unreasonable or unnecessary, we do not find such to be the case herein.

Accordingly, the judgment of the court of appeals is reversed, and the conviction rendered by the trial court is hereby reinstated.

Judgment reversed.

Moyer, C.J., Sweeney, Locher, Holmes, Douglas, Wright and H. Brown, JJ., concur. Locher, Douglas and H. Brown, JJ., concur separately.

Concurrence

Douglas, J.,

concurring. While I concur in the analysis and opinion of the majority, I feel compelled to address an issue overlooked by the majority. Although the majority correctly reverses the judgment of the court of appeals and reinstates appellee’s conviction, I believe the better procedure to be a reinstatement of the conviction and remand to the trial court for possible further proceedings, consistent with our decision in State v. McGettrick (1987), 31 Ohio St. 3d 138, 31 OBR 296, 509 N.E. 2d 378. I believe the latter procedure more fully protects the rights of the parties, and additionally notifies the parties that we are aware that appellee died during the course of the appeal process.

Locher and H. Brown, JJ., concur in the foregoing concurring opinion.