VILLAGE OF AMBERLEY v. LEVINE, 108 Ohio Misc. 2d 13

Outcome: Cause is dismissed. Defendant's Motion granted and defendant discharged.

Description: A Mayor's Court requirement that defendant “register” a “not guilty” plea (by calling the Clerk of Court before 12:00 Noon on the Monday preceding the Mayor's Court date listed on the bottom of Defendant's citation) is an attempt to place the burden of providing a timely trial upon the defendant. This requirement seems similar to requiring the defendant to subpoena the state's witnesses for trial.   It is in the prosecution's burden to have the witnesses at court and to provide a timely trial, and this burden may not be shifted to the defendant. Therefore, the cause was dismissed in accordance with Ohio R.C. 2945.73(B) for failure to bring defendant to trial within the time required by Ohio R.C. 2945.71(A).