Akron v. Hicks
In Akron v. Hicks, 9th Dist. No. 21961, 2004 Ohio 5685, the City of Akron charged the defendant with domestic violence with menacing, a fourth-degree misdemeanor subject to a 45-day speedy trial deadline. Hicks, 2004 Ohio 5685 at P11.
The City later dismissed that charge and charged him with disorderly conduct, a minor misdemeanor subject to a 30-day speedy trial deadline. Id.
The Court wrote that, because both charges stemmed from the same set of facts, the City had 45 days to bring the defendant to trial on the disorderly conduct charge. Id.
The Court reached that conclusion based on language in Adams that, "when new and additional charges arise from the same facts as did the original charge and the city knew of such facts at the time of the initial indictment, the time within which trial is to begin on the additional charge is subject to the same statutory limitations period that is applied to the original charge." Id.