INMATES & LAW

someone please help me, by James Tayse

I was indicted by the summit county grand jury in April of 2007, seven of the charges against me carried a sentencing enhancement specification, under 2971.03 (A)(4), of the Ohio revised code, due to the nature of the specification I elected to have the specification tried by a judge instead of the jury. under Ohio law 2945.71 I was supposed to be tried within 270 day’s, this law is based on the constitutional guarantee of the 6th amendment of the united states constitution, which states in all criminal prosecutions the acccused shall enjoy the right to a speedy public trial, section 2945.73 of the Ohio revised code states that the accused must be discharged if not tried within that time period, as I have been incarcerated for almost 12 years now and never tried on those specifications, they are still pending against me and as such my constitutional right to a fast and speedy trial has been and continues to be violated, so I filed a motion for discharge in the summit county court of common pleas case # CR-2007-04-1285, asking to be discharged or brought to trial on the pending charges. The court denied this motion , and I appealed to the ninth district court of appeals, case # 28912, which denied the appeal and stated that is was barred res judicata, meaning they don’t have to address a issue that was or could have been raised in a prior proceeding. this is the same argument that the trial court used to deny my motion and I argued to the appeals court that the doctrine of res judicata only applies to final appealable orders, and as I was never tried for the specifications case # CR-2007-04-1285 is neither final or appealable by law, and the only question presented in the motion for discharge is was the defendant ever tried for the specifications indicted against him, and if the answer is yes he was tried then the motion for discharge has to be denied as moot, if the court finds that the defendant has in fact never been tried,, then it has to address the issue that his right to a fast and speedy trial is being violated. by the court refusing to address the issue by stating that it is barred by the doctrine of res judicata , is a complete miscarriage of Justice, because if the court would simply answer the question presented then like I said if I was never tried then the court can simply deny my motion, but on the other hand if the court finds that I was never tried, then it could never bar my argument by the doctrine of res judicata, and the court must either discharge me or proceed to trial on the untried specifications, this cause is presently in the Ohio supreme court, as case # 18-1485, Tayse v. State of Ohio, and the constitutional question presented to the court is does the 6th amendment right to a fast and speedy trial apply to specifications contained in the indictment ? as I am acting pro se , and representing myself the courts have found it easy to disregard the issues my case presents, I need people to contact the courts on my behalf and ask them if I was ever tried for the specifications contained in the indictment against me, and why not ? do I not have a constitutional right to a fast and speedy trial, see they won’t answer these questions when I ask them, and for good reason, during my trial in 2007, judge Thomas Teodosio, was new to was the bench and simply forget to try the specifications indicted under 2971.03(A)(4), of the Ohio revised code. but the jury did find me guilty of the charges against me and the judge did find me guilty of the other specifications contained in the indictment against me and sentenced me to 73 years to life In prison, now under Ohio law the court was required to dispose of each and every charge contained in the indictment against me, before it could become final or appealable, because the court never disposed of those specifications they are still pending against me, I’ve never been tried and as such by law I am entitled to be discharged on case # CR -2007-04-1285, but I would settle for the court either proceeding to trial on the specifications or dropping them against me, which would then make my case final and appealable for the first time. I understand that the court is in a bad position in my case on one hand if they Admit I was never tried, and they have to discharge me because the state violated my rights to a fast and speedy trial, then the courts also have to rule the the past 12 years I’ve been wrongfully incarcerated, which would amount to millions of dollars in a civil suit.

James Tayse
DOC #540-094

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Categories: INMATES & LAW, James Tayse

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