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.