State v. Sellards

In State v. Sellards (1985), 17 Ohio St.3d 169, 17 Ohio B. 410, 478 N.E.2d 781, the defendant was charged with three counts of rape and four counts of importuning relating to his involvement with three minor boys. 17 Ohio St.3d at 169. The counts alleged appellant committed the offenses between April 1, 1982 and May 31, 1982; July 1, 1982 and July 31, 1982; and August 1, 1982 and August 31, 1982. Id. However, at trial the victims "testified to dates that were more specific than those which were stated in the indictment and bill of particulars." Id. The Ohio Supreme Court held that "in a criminal prosecution the state must, in response to a request for a bill of particulars or demand for discovery, supply specific dates and times with regard to an alleged offense where it possesses such information." Id. at syllabus. The court also noted that "where the inability to produce a specific time or date when the criminal conduct occurred is as would be the more typical case, without material detriment to the preparation of a defense, the omission is without prejudice, and without constitutional consequence." Id. at 172. The court noted that Sellards never filed a notice of intent to rely on an alibi. Id. However, the court found constitutional implications because the prosecution learned of a more precise date of the alleged incident from the victim the day before trial and failed to disclose the information to Sellards. Id. at 173.