State v. Fleischer

Citations

• 225 N.E.3d 1261
• 2023 Ohio 3597

Syllabus

Double jeopardy defendant prosecuted for sexual exploitation of children in federal court, then returned to state court to face charges of rape and gross sexual imposition defendant argued that he could not be prosecuted twice for the same underlying set of facts failure to raise constitutional issue at trial constitutes waiver dual sovereignty doctrine allows for separate prosecution in state and federal court based on the same set of underlying facts Gamble v. United States, -- U.S. --, 139 S.Ct. 1960, 204 L.Ed.2d 322 (2019) State v. Fletcher, 26 Ohio St.2d 221, 271 N.E.2d 567 (1971).