Did He Know She Couldn’t Consent? The Question that Overturned a Conviction

A recent Eighth District decision overturning a rape conviction raises fundamental questions about how Ohio law defines consent when victims are impaired. Under the governing statute, prosecutors must prove that a defendant knew or had reasonable cause to believe the victim’s ability to resist or consent was substantially impaired because of a mental or physical […]

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The Power of Sentencing: Do Trial Courts Have Authority to Decide Which Firearm Specification to Apply?

In August, the Ohio Supreme Court agreed to review the state’s appeal of an Eighth District Court of Appeals decision concerning firearm enhancements and the trial court’s authority to determine the appropriate sentence for a criminal defendant. With only Justices Jennifer Brunner and Joseph Deters dissenting, the Court may very well alter the current power

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Are Dog Sniffs “Free”? Ohio Supreme Court Agrees to Consider the Boundaries of Canine Searches

The Supreme Court of Ohio recently agreed to review a case addressing whether the signal of a drug-sniffing dog that jumped up to a car window during a traffic stop can be used as probable cause to search a car for drugs. Justices Pat DeWine, Joe Deters, and Megan E. Shanahan dissented, indicating they would

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