The Ninth District affirmed a domestic violence conviction, holding that the trial court’s failure to advise the defendant of his right to a jury trial and right to remain silent at arraignment was not prejudicial where the defendant later knowingly waived a jury trial through written motion.
The Ninth District affirmed the conviction of a commercial driver for running a red light, holding that the necessity defense was available but that the defendant failed to prove by a preponderance of the evidence that stopping would have created a greater danger.
The Ninth District reversed the suppression of OVI evidence, holding that a state trooper’s observations of slurred speech, bloodshot eyes, and the odor of alcohol during a valid traffic stop gave rise to reasonable suspicion to expand the stop into an OVI investigation.
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.
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.