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Three Recent Ohio Supreme Court Rulings

Court Rules Alleged Sex Abuse Victim Entitled to Redacted Copies of Police Records from Investigation

In Case Where Accused Priest Was Not Indicted by Grand Jury

 

From the site: "2010-0057.  State ex rel. Rocker v. Guernsey Cty. Sheriff's Office, Slip Opinion No. 2010-Ohio-3288.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-3288.pdf

 

The Supreme Court of Ohio ruled today that some of the investigatory records compiled or accessed by the Guernsey County Sheriff's Office during its investigation of a 2008 complaint alleging sexual abuse of a child by a priest in the 1990s are not exempt from disclosure under the Ohio Public Records Act, and those documents  must therefore be provided in redacted form to the person who filed the complaint."

 

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Flight to Avoid Prosecution Stops Running of Legal Time Limit for Prosecuting All Crimes by Defendant

 Not Just Crimes For Which Accused Had Been Charged at Time of Flight

 

From the site: "2009-1196.  State v. Bess, Slip Opinion No. 2010-Ohio-3292.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-3292.pdf View oral argument video of this case.

 

The Supreme Court of Ohio ruled today that a state law that "tolls" (stops the running of) statutes of limitations for prosecuting a criminal defendant during a period in which the accused purposely avoids prosecution applies to all crimes committed by the accused, regardless of whether an indictment for those crimes had been returned or the underlying criminal activity had been discovered at the time the accused fled."

 

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Defendant May Plead Guilty to Amended Indictment That Changes Identity of Crime

When Defendant Was Represented by Counsel and Bargained for Change

 

From the site: "2008-2127 and 2008-2249.  State v. Rohrbaugh, Slip Opinion No. 2010-Ohio-3286.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-3286.pdf

 

The Supreme Court of Ohio ruled today that a defendant may plead guilty to an indictment that was amended to change the name or identity of the charged crime when the defendant is represented by counsel, has bargained for the amendment, and is not prejudiced by the change."

 

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Source: The Supreme Court of Ohio, 20 July 2010

Full post as published by Stark County Law Library Blawg on July 21, 2010 (boomark / email).