State v. Street

Citations

• 230 N.E.3d 1229
• 2023 Ohio 4405

Syllabus

CRIMINAL – Order entering verdicts of not guilty by reason of insanity following bench trial vacated where trial court failed to strictly comply with R.C. 2945.05, which requires a waiver of jury trial to be in writing and made in open court. Trial court had subject matter jurisdiction, so Order of acquittal is voidable, rather than void. Further, jeopardy attached to Order as trial court concluded the state failed to prove the mens rea element of charged crimes, and Order includes a finding that necessarily establishes defendant's lack of criminal culpability. Therefore, retrial is prohibited by double jeopardy.