timely preliminary hearing in Ohio

6 Ohio opinions name it 1 courts 1990–2024 2 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

Case	Followed	Cited
State v. Lichtenwaltergreen ohioctapp · 2021 · cited in 1 Ohio opinions naming this issue, 2024–2024 1 sentence 2024Guernsey Nos. 20CA000013 and 20CA000023, 2021-Ohio-1394, ¶ 32 (“even though the appellant was not provided a timely preliminary hearing, he was subsequently indicted by a grand jury following a bind over and convicted”); State v. Washington, 30 Ohio App.3d 98, 99 , 506 N.E.2d 1203 (8th Dist.1986) (“the general rule is that a subsequent indictment by the grand jury renders any defects in the preliminary hearing moot”).	1	1
Sander v. State of Ohiogreen ohsd · 1973 · cited in 1 Ohio opinions naming this issue, 2003–2003 1 sentence 2003See e.g., State v. Johnson (1990), 68 Ohio App.3d 272 , 277 , citing Sander v. Ohio (S.D.Ohio 1973), 365 F. Supp. 1251 ; State v. Monroe (June 14, 2000), 4th Dist.	1	1
State v. Johnsongreen ohioctapp · 1990 · cited in 1 Ohio opinions naming this issue, 2003–2003 1 sentence 2003See e.g., State v. Johnson (1990), 68 Ohio App.3d 272 , 277 , citing Sander v. Ohio (S.D.Ohio 1973), 365 F. Supp. 1251 ; State v. Monroe (June 14, 2000), 4th Dist.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (7)

Case	Cited	Years
State v. Pugh green ohio · 1978 2 sentences 2020Summit No. 8029, 1976 WL 188767 , 1, aff'd, 53 Ohio St.2d 153 , 372 N.E.2d 1351 (1978). {¶18} The facts of this case are indistinguishable, as Davis was not provided a timely preliminary hearing, but was subsequently indicted and convicted. 2020Summit No. 8029, 1976 WL 188767 , 1, aff'd, 53 Ohio St.2d 153 , 372 N.E.2d 1351 (1978). {¶18} The facts of this case are indistinguishable, as Davis was not provided a timely preliminary hearing, but was subsequently indicted and convicted.	4	1990–2020
State v. Washington green ohioctapp · 1986 2 sentences 2024Guernsey Nos. 20CA000013 and 20CA000023, 2021-Ohio-1394, ¶ 32 (“even though the appellant was not provided a timely preliminary hearing, he was subsequently indicted by a grand jury following a bind over and convicted”); State v. Washington, 30 Ohio App.3d 98, 99 , 506 N.E.2d 1203 (8th Dist.1986) (“the general rule is that a subsequent indictment by the grand jury renders any defects in the preliminary hearing moot”). 2024Guernsey Nos. 20CA000013 and 20CA000023, 2021-Ohio-1394, ¶ 32 (“even though the appellant was not provided a timely preliminary hearing, he was subsequently indicted by a grand jury following a bind over and convicted”); State v. Washington, 30 Ohio App.3d 98, 99 , 506 N.E.2d 1203 (8th Dist.1986) (“the general rule is that a subsequent indictment by the grand jury renders any defects in the preliminary hearing moot”).	2	2021–2024
State v. Bonarrigo green ohio · 1980 2 sentences 2016Clinton No. CA90-05-012, 1991 WL 71983 ; citing State v. Bonarrigo, 62 Ohio St.2d 7, 12 , 402 N.E.2d 530 (1980) and State v. Pugh, supra. (The failure to provide a preliminary hearing to an accused within the time limits of R.C. 2016Clinton No. CA90-05-012, 1991 WL 71983 ; citing State v. Bonarrigo, 62 Ohio St.2d 7, 12 , 402 N.E.2d 530 (1980) and State v. Pugh, supra. (The failure to provide a preliminary hearing to an accused within the time limits of R.C.	2	2003–2016
State v. Davis neutral ohioctapp · 2020 1 sentence 2021Richland No. 2019 CA 0112, 2020-Ohio-3617 , 2020 WL 3639556 , ¶ 16 citing State v. Washington, 30 Ohio App.3d 98, 99 , 506 N.E.2d 1203 (8th Dist.1986) and Styer v. Bricta, 69 Ohio App.3d 738 , 591 N.E.2d 1255 (6th Dist.1990). {¶33} Applying State v. Davis to the facts of this case, we hold that Lichtenwalter was properly indicted and convicted; therefore, an alleged lack of a timely preliminary hearing was not prejudicial.	1	2021–2021
Styer v. Brichta green ohioctapp · 1990 2 sentences 2021Richland No. 2019 CA 0112, 2020-Ohio-3617 , 2020 WL 3639556 , ¶ 16 citing State v. Washington, 30 Ohio App.3d 98, 99 , 506 N.E.2d 1203 (8th Dist.1986) and Styer v. Bricta, 69 Ohio App.3d 738 , 591 N.E.2d 1255 (6th Dist.1990). {¶33} Applying State v. Davis to the facts of this case, we hold that Lichtenwalter was properly indicted and convicted; therefore, an alleged lack of a timely preliminary hearing was not prejudicial. 2021Richland No. 2019 CA 0112, 2020-Ohio-3617 , 2020 WL 3639556 , ¶ 16 citing State v. Washington, 30 Ohio App.3d 98, 99 , 506 N.E.2d 1203 (8th Dist.1986) and Styer v. Bricta, 69 Ohio App.3d 738 , 591 N.E.2d 1255 (6th Dist.1990). {¶33} Applying State v. Davis to the facts of this case, we hold that Lichtenwalter was properly indicted and convicted; therefore, an alleged lack of a timely preliminary hearing was not prejudicial.	1	2021–2021
In re Singer green ohio · 1976 1 sentence 1990(Such a reading of the two statutes preserves the legislative requirement that charges be dismissed and also gives effect to the legislative intent to discourage prolonged pre-trial incarceration and to balance the defendant's right to speedy justice against the state's interest in obtaining convictiona" Cf. State v. Grim (1975), 44 Ohio App. 2d 152 (objection first made in trial court.) Prior to the decision in Pugh, supra, the Supreme Court of Ohio in In Re Singer (1976), 45 Ohio St. 2d 130 , held that while a case is pending in the common pleas court a petition for habeas corpus is not avai	1	1990–1990
State v. Grim neutral ohioctapp · 1975 1 sentence 1990(Such a reading of the two statutes preserves the legislative requirement that charges be dismissed and also gives effect to the legislative intent to discourage prolonged pre-trial incarceration and to balance the defendant's right to speedy justice against the state's interest in obtaining convictiona" Cf. State v. Grim (1975), 44 Ohio App. 2d 152 (objection first made in trial court.) Prior to the decision in Pugh, supra, the Supreme Court of Ohio in In Re Singer (1976), 45 Ohio St. 2d 130 , held that while a case is pending in the common pleas court a petition for habeas corpus is not avai	1	1990–1990

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2945.71 (5) OH § Ohio Rev. Code § 2945.73 (4) OH § Ohio Rev. Code § 2945.72 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 9 (1981–2025) NY 7 (1983–2002) OH 6 (1990–2024) TX 5 (2009–2011) HI 3 (2017–2021) NM 3 (1970–2007) WI 2 (1990–2023) IL 2 (2021–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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