Cleveland v. Wanton
Citations
- 2021 Ohio 1951
Syllabus
Crim.R. 48 dismissal of criminal charges Crim.R. 5 standard of review abuse of discretion. A trial court has jurisdiction to dismiss a criminal case pursuant to Crim.R. 48 and such dismissal is reviewed upon an abuse of discretion. Crim.R. 5 does not prohibit the filing of misdemeanor charges in a municipal court and the simultaneous prosecution of associated felony charges in a common pleas court, nor does a violation of the rule mandate dismissal of charges. The trial court's application of Crim.R. 5 to a case in which no felony charges were filed is a misapplication of law and constitutes an abuse of discretion.
Judges: Sheehan
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3 cases in this archive cite this case.
Cites
6 cases in this archive are cited by this case.
- Blakemore v. BlakemoreOhio Supreme Court· 1983-07-06· cited 14,330×
- State v. BuschOhio Supreme Court· 1996-10-09· cited 94×
- State v. MurrayOhio Court of Appeals· 2016-10-17· cited 5×
- State v. LearOhio Court of Appeals· 2018-05-11· cited 5×
- State v. ParkerOhio Court of Appeals· 2017-04-14· cited 4×
- Cleveland v. GatensOhio Court of Appeals· 2021-02-04· cited 2×
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