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Ohio

Ohio Court of Appeals (Eighth District)
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State v. Mercado — Eighth District reverses dismissal for preindictment delay in 2002 rape case, finding no actual prejudice

The Eighth District reversed the trial court’s dismissal of a rape and kidnapping indictment for preindictment delay, holding that the defendant failed to establish actual prejudice from the 16-year gap between the offense and indictment despite the deaths of two potential witnesses.

Ohio Court of Appeals (First District)
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State v. Tate — First District holds consecutive firearm specifications imposed on same-transaction offenses are erroneous but not plain error

The First District held that imposing consecutive sentences on two firearm specifications was erroneous where the underlying felonies arose from the same act or transaction, but found no plain error because the defendant received an agreed sentence and failed to object below.

Ohio Court of Appeals (Fifth District)
Uncategorized

State v. Pegues — Fifth District reverses and remands for resentencing on allied offenses merger of aggravated vehicular assault and vehicular assault

The Fifth District reversed and remanded for resentencing, holding that aggravated vehicular assault (OVI-based) and vehicular assault (recklessness-based) are allied offenses of similar import that must merge under R.C. 2941.25 when committed against the same victim.

Ohio Court of Appeals (Twelfth District)
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State v. Lane — Court refuses to merge grand theft of vehicle and attempted theft of firearm found inside

The Twelfth District held that grand theft of a motor vehicle and attempted grand theft of a firearm found in the vehicle’s glove box are not allied offenses requiring merger, because the defendant’s act of removing the gun from the car and keeping it in her bedroom reflected a separate animus.

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