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Legal Research

: Stark County Law Library Blawg

Two Recent Ohio Supreme Court Decisions

Jointly Recommended Sentence May be Appealed If It is Not 'Authorized by Law'

From the site: "2008-2133 and 2008-2228. State v. Underwood, Slip Opinion No. 2010-Ohio-1.
Montgomery App. No. 22454, 2008-Ohio-4748.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-1.pdf

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The Supreme Court of Ohio ruled today that R.C. 2953.08(D)(1), which bars a criminal defendant from appealing a jointly recommended sentence that is "authorized by law," does not bar appellate review in cases where the sentence imposed by a trial court is contrary to a mandatory provision of the state's criminal sentencing statutes..."

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Court Clarifies Process for Correcting Sentence Where Multiple Punishments Imposed for 'Allied Offenses'

From the site: "2008-1669. State v. Whitfield, Slip Opinion No. 2010-Ohio-2.
Cuyahoga App. No. 90244, 2008-Ohio-3150.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-2.pdf

View oral argument video of this case.

In a 5-2 decision announced today, the Supreme Court of Ohio clarified the procedures to be followed by Ohio courts in correcting criminal sentences in which a defendant has improperly received multiple punishments for convictions that should have been merged as "allied offenses of similar import."

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Source: The Supreme Court of Ohio, 5 January 2010

Full post as published by Stark County Law Library Blawg on January 07, 2010 (boomark / email).