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Criminal Law

Ohio Court of Appeals (Ninth District)
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State v. Peasley — Ninth District affirms murder conviction, holds failure to argue plain error forfeits jury instruction challenges

The Ninth District affirmed a murder conviction, holding that the defendant forfeited jury instruction challenges by failing to object and that Ohio’s self-defense presumption under R.C. 2901.05(B)(2) was unavailable because the victim had a right to be in the residence.

Ohio Court of Appeals (Ninth District)
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State v. Williams — Ninth District dismisses State’s appeal, holds R.C. 2945.44 requires complete transactional immunity before compelling testimony

The Ninth District dismissed the State’s appeal of a trial court’s refusal to compel witness testimony, holding that R.C. 2945.44 requires full transactional immunity and that the State’s offer excluding murder was insufficient to compel testimony over a Fifth Amendment invocation.

Ohio Court of Appeals (First District)
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In re K.G. — First District affirms juvenile delinquency adjudication and DYS commitment for felonious assault with firearm

The First District affirmed a juvenile delinquency adjudication for felonious assault, holding that FaceTime-based identification combined with social media confirmation was sufficient and that DYS commitment was appropriate for a first-time offender who fired a gun at a victim.

Ohio Court of Appeals (Third District)
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State v. Graham — Third District reverses eight rape convictions for insufficient evidence of separate acts, affirms remaining counts

The Third District reversed eight of nine rape convictions involving a minor victim, holding that the State failed to present sufficient evidence to distinguish each count as a separate act, while affirming convictions on one rape count and two gross sexual imposition counts.

Ohio Court of Appeals (Third District)
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State v. Lundeen — Third District upholds constitutionality of Ohio’s distracted driving statute, rejects GPS-use defense

The Third District affirmed a conviction under R.C. 4511.204, Ohio’s distracted driving statute, rejecting constitutional challenges based on equal protection, due process, and vagueness, and holding that holding a phone for GPS navigation while driving violates the statute.

Ohio Court of Appeals (Eleventh District)
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State v. Noble — Eleventh District reverses sentence for violation of defendant’s right of allocution

The Eleventh District reversed and remanded for resentencing, holding that the trial court violated the defendant’s right of allocution by repeatedly interrupting her personal statement and preventing her from reading it herself, particularly where the court then penalized her perceived lack of remorse.

Ohio Court of Appeals (Twelfth District)
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State v. Garcia-Gutierrez — Twelfth District holds trial courts lack authority to impose lifetime parole supervision for murder

The Twelfth District reversed a murder sentence that included ‘lifetime parole supervision,’ holding that no Ohio statute authorizes a trial court to impose such a condition and clarifying the distinction between imposing parole terms and notifying defendants of parole eligibility.

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