State v. Hammock
Citations
- 2022 Ohio 3570
Syllabus
VAGUENESS – FACIAL CHALLENGE – STRICT LIABILITY – JURY INSTRUCTIONS – PLAIN ERROR – COUNSEL: The trial court did not err in convicting defendant under an accumulation of garbage ordinance which was not unconstitutionally vague. Where defendant failed to identify any plain error with respect to the trial court's jury instructions concerning the mens rea element, defendant's conviction will not be reversed on appeal. Defense counsel was not ineffective where he raised the constitutional challenge to the ordinance in the trial court and where defendant failed to identify any alleged error by counsel with respect to the jury instructions.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that life sentence with the possibility of release after 30 years “does not violate the rule announced in Miller because it does not require the imposition of the harshest term of imprisonment: life imprisonment without the possibility of release”
- “Failure to brief or argue an issue on appeal results in waiver of that issue on appeal.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bergeron
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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