🔍 Search Court Cases

Marsy's Law, Article I, Section 10a of the Ohio Constitution—Restitution—R.C. 2929.18(A)(1)—Statutory meaning of restitution was not altered or expanded by Marsy's Law—Wages lost by crime victim as a ...

<bold>1. Criminal Law — appointed attorneys removed — one of original attorneys</bold> <bold>reappointed — no error</bold> <block_quote> The trial court did not err in a first-degree murder prose...

GARCIA-MADRUGA, 24 I&N Dec. 436 (BIA 2008) ID 3596 (PDF) (1) A "theft offense" within the definition of an aggravated felony in section 101(a)(43)(G) of the Immigration and Nationality Act, 8 U.S.C. §...

JUVENILE – CONSTITUTIONAL LAW/CRIMINAL – FOURTH AMENDMENT – SEARCH AND SEIZURE – TERRY STOP – CONCEALED WEAPON: The juvenile court erred in overruling a juvenile's motion to suppress after finding tha...

CONSTITUTIONAL LAW/CRIMINAL — SEARCH AND SEIZURE — TERRY STOP — FIREARM: The trial court did not err by denying defendant's motion to suppress a firearm that the police found in the glove box of his v...

Criminal law—Ineffective assistance of counsel—Deficient performance—Felony murder and felonious assault—Defense counsel's argument identifying victim's death as a "serious physical harm" did not refl...

<bold>1. Obstruction of Justice — resisting an officer — fleeing</bold> <block_quote> The trial court properly dismissed a charge of resisting a public officer where defendant was approached by a...

CONSTITUTIONAL LAW/CRIMINAL - FOURTH AMENDMENT - SEARCH AND SEIZURE - AUTOMOBLE EXCEPTION – PROBABLE CAUSE: The trial court did not err in denying defendant's motion to suppress evidence found in his ...

Criminal law—Trial court's sentence of life imprisonment constitutes cruel and unusual punishment under the Eighth and Fourteenth Amendments to the United States Constitution and Article I, Section 9 ...

<center> SYLLABUS BY THE COURT</center>1. CRIMINAL LAW — Sentencing — <italic>Dispositional Departure Sentence</italic> — <italic>Appellate Review.</italic> An appellate cou...

When the sufficiency of evidence to support a criminal conviction is challenged, this Court merely reviews the record to determine if there is competent evidence allowing the jury to draw an inference...

CRIMINAL LAW - aggravated vehicular homicide OVI stopping after accident individual felony sentences R.C. 2929.11 R.C. 2929.12 contrary to law supported by the record rehabilitation serious physical h...

Criminal law—Aggravated murder—Appeals—R.C. 2953.08(D)(3)—The portion of the judgment of the court of appeals relating to the constitutionality of R.C. 2953.08(D)(3) is affirmed—Because R.C. 2953.08(D...

Criminal law—R.C. 2945.37—R.C. 2945.37(B) requires a court to conduct a hearing when the issue of the defendant's competency is raised before trial—Court of appeals' judgment reversed, defendant's con...

APPELLATE REVIEW/CRIMINAL – ASSAULT – EVIDENCE – SELF-DEFENSE – R.C. 2901.05 – CRIM.R. 29 – SUFFICIENCY – MANIFEST WEIGHT: Placing the burden of proving self-defense on defendant, consistent with the ...

A criminal information is duplicitous when it charges a defendant in a single count with two or more distinct and separate criminal offenses, thereby implicating the defendant's constitutional right t...

Criminal law—Postconviction DNA testing—R.C. 2953.74(C)(4) and (5)—R.C. 2953.74(D)—The possibility that an offender's postconviction DNA test results could match the profile of a person other than the...

Criminal law—Marsy's Law—Restitution—Writ of mandamus is not appropriate remedy for crime victim to challenge trial court's denial of restitution—Victims should have used direct appeal to challenge tr...

Criminal law—Search—Fourth Amendment to the United States Constitution—Motion to suppress—A search occurs only when there is an attempt to find something or to obtain information—Officer's intent is d...

<center> SYLLABUS BY THE COURT</center>1. LIMITATIONS OF ACTIONS — <italic>One-year Limitation in Which to File K.S.A.</italic> <italic><cross_reference>60-1507</cross_refere...

Criminal law—Fourth Amendment to United States Constitution—Good-faith exception to exclusionary rule—Probable cause—For the good-faith exception to the exclusionary rule to allow the introduction of ...