Columbus Pros. Office v. J.M.
Citations
- 2023 Ohio 3555
Syllabus
Considering R.C. 2505.02(B) and Crim.R. 32(C), the body of case law implicating \omnibus\ sentences, the sentence entry appealed by the defendant constituted a final, appealable order. Upon review of the merits, the trial court's exercise of its jurisdiction in conducting a bench trial was in error since it failed to strictly comply with R.C. 2945.05 by not first obtaining, in open court, a valid waiver of the defendant's right to a jury trial. The appellate court's holding regarding the trial court's erroneous exercise of its jurisdiction, a voidable error, did not render the defendant's sufficiency of the evidence challenge moot and, because sufficient evidence supported the \physical harm\ element of the assault and domestic violence charges, retrial was not barred due to double jeopardy protections. Judgment reversed, cause remanded.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that there is no right to counsel beyond the initial direct appeal, and thus, no right to counsel on discretionary review
- holding that there is no right to counsel beyond the initial direct appeal, and thus, no right to counsel on discretionary review
- holding that there is no federal constitutional right to counsel for indigent prisoners seeking state postconviction relief
- holding that there is no federal constitutional right to counsel for indigent prisoners seeking state postconviction relief
- holding that there is no right to counsel or effective assistance of counsel in post-conviction proceedings
- holding that there is no right to counsel or effective assistance of counsel in post-conviction proceedings
Source: CourtListener parenthetical corpus (CC0).
Judges: Dorrian
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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