State v. Barnum

Citations

• 2026 Ohio 2384

Syllabus

Per Mayle, J., trial court did not err by denying appellant's motion to dismiss based on double jeopardy. Double jeopardy protections provided by Ohio and United States Constitutions are coextensive, and Ohio Supreme Court has rejected rule barring retrial after appellate reversal based on prosecutorial misconduct calculated or intended to prevent likely acquittal, even though no mistrial was declared. Trial court did not abuse its discretion by deciding motion without a hearing.