Case Citator › State v. Kelley

State v. Kelley

Is it still good law? What later courts have actually done to this case.

Limited by some courts
Court
Supreme Court of Ohio
Citation
57 Ohio St. 3d 127
Decided
Confirmed treatments
1
Flagged citations read
50 of 50
Citing cases (total)
50
Treatment dates
2002
Limited by some courts
At least one reviewed court has limited this case’s holding to narrower facts or a narrower rule. No reviewed court has overruled it. State v. Kelley's rule that a guilty plea waives appellate claims was limited for a speedy trial claim formally raised before the plea. All 50 flagged citations have been read.
More on how this was screened

The one confirmed treatment is listed below; the other opinions applied Kelley's rule.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

50 later cases cite State v. Kelley; 50 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on State v. Kelley?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Limited

  • The Tenth District held that a defendant who formally raised a speedy trial claim before pleading guilty could still argue that claim on appeal.

    State v. Robinson · Ohio Court of Appeals, Tenth District · filed

    We note that the State of Ohio, defendant-appellee, argues that when appellant pled guilty, he waived his right to challenge his conviction on statutory speedy trial grounds. It is true that as "a guilty plea waives a defendant's right to trial, it also necessarily waives any claim that the defendant was denied a speedy trial." Limpach v. Lane (Dec. 19, 2000), Hocking App. No. 99CA12, unreported, discretionary appeal not allowed (2001), 91 Ohio St.3d 1509, following State v. Kelley (1991),57 Ohio St.3d 127 . However, "when the right to a speedy trial has been formally asserted on the record pursuant to a motion to dismiss or a similar motion, a subsequent waiver of speedy trial will have prospective application only [and] will not cure any violation of the statutory time frame for trial set forth in R.C. 2945.71 that may have accrued prior to the execution of the waiver." State v. Santini (2001),144 Ohio App.3d 396, 402. Therefore, appellant may argue on appeal that his rights to a speedy trial were denied even though appellant pled guilty.
    Read the full opinion on CourtListener →

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