Case Law In re Ohio Criminal Sentencing Statutes Cases

In re Ohio Criminal Sentencing Statutes Cases

Document Cited Authorities (1) Cited in (4) Related

{¶ 1} The following dispositions of currently pending appeals are hereby entered based on our decision in State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, 845 N.E.2d 470.

MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL and LANZINGER, JJ., concur.

I.

{¶ 2} Discretionary appeals are accepted in the following cases, the judgments of the courts of appeals are reversed, and the causes are remanded to the trial courts for resentencing. If propositions of law are noted, such reversals apply only to those portions of the judgments of the courts of appeals as are implicated by the applicable propositions of law:

{¶ 3} 2006-0553. State v. Hairston, Allen App. No. 1-05-46, 2006-Ohio-349, 2006 WL 213835.

{¶ 4} 2006-0554. State v. Williams, Allen App. No. 1-05-44, 2006-Ohio-348, 2006 WL 213833.

{¶ 5} 2006-0576. State v. Hanning, Licking App. No. 05 CA 52, 2006-Ohio-460, 2006 WL 257109. Accepted on Proposition of Law No. I.

{¶ 6} 2006-0581. State v. Franjonnie, Hamilton App. No. C-050356. Accepted on Proposition of Law No. I.

{¶ 7} 2006-0593. State v. Younger, Cuyahoga App. No. 86235, 2006-Ohio-296, 2006 WL 181914. Accepted on Proposition of Law No. II.

{¶ 8} 2006-0700. State v. Mockbee, Clermont App. No. CA2005-05-036, 2006-Ohio-746.

II.

{¶ 9} The discretionary appeal is accepted in the following case, the judgment of the court of appeals is affirmed in part and reversed in part, and the cause is remanded to the trial court for resentencing:

{¶ 10} 2006-0564. State v. Ladson, 165 Ohio App.3d 590, 2006-Ohio-451, 847 N.E.2d 491.

4 cases
Document | Ohio Supreme Court – 2006
State v. Roberts
"... 850 N.E.2d 1168 ... 110 Ohio St.3d 71 ... 2006-Ohio-3665 ... The STATE of Ohio, ... the prosecutor in directly preparing the court's sentencing opinion, we must vacate the sentence and remand the case to ... A firearms expert with the Bureau of Criminal Identification and Investigation ("BCI") later concluded ... 2791, 49 L.Ed.2d 683. Only in rare cases may prejudice be presumed. Treesh, 90 Ohio St.3d at 464, ... "
Document | Ohio Supreme Court – 2007
State v. Payne
"...873 N.E.2d 306 ... 114 Ohio St.3d 502 ... 2007-Ohio-4642 ... The STATE of Ohio, ... 296, 124 S.Ct. 2531, 159 L.Ed.2d 403, held that statutes that required "judicial fact-finding before imposition of a ... The issue confronting us now is whether, when sentencing occurred after Blakely, failure to object at trial to a ... 2006-1245, we consolidated the cases" ... 114 Ohio St.3d 504 ... II. Analysis ...        \xC2" ... , 2006 WL 202141, judgment reversed by In re Ohio Criminal Sentencing Statutes Cases, 109 Ohio St.3d 411, ... "
Document | Ohio Court of Appeals – 2010
State v. King, 2010 Ohio 290 (Ohio App. 1/29/2010), L-08-1126.
"... ...          {¶ 5} "4. The trial court erred in sentencing Mr. King separately for the crimes rape and gross sexual imposition herein ... Id. Upon review of the sufficiency of the evidence to support a criminal conviction, an appellate court must examine "the evidence admitted at ... Statutes Cases, 110 Ohio St.3d 70, 2006-Ohio-3663. Accordingly, under the ... "
Document | Ohio Court of Appeals – 2007
State v Hairston, 2007 Ohio 2988 (Ohio App. 6/18/2007)
"... ... Date of Judgment Entry: June 18, 2007 ...         Criminal Appeal from Common Pleas Court ...         Judgment affirmed ... ") appeals from the September 26, 2006 Judgment Entry of Re-Sentencing of the Court of Common Pleas, Allen County, Ohio sentencing him to nine ... See In re Ohio Criminal Sentencing Statutes Cases (2006), 110 Ohio St.3d 70, 850 N.E.2d 1168, ...         {¶ ... "

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4 cases
Document | Ohio Supreme Court – 2006
State v. Roberts
"... 850 N.E.2d 1168 ... 110 Ohio St.3d 71 ... 2006-Ohio-3665 ... The STATE of Ohio, ... the prosecutor in directly preparing the court's sentencing opinion, we must vacate the sentence and remand the case to ... A firearms expert with the Bureau of Criminal Identification and Investigation ("BCI") later concluded ... 2791, 49 L.Ed.2d 683. Only in rare cases may prejudice be presumed. Treesh, 90 Ohio St.3d at 464, ... "
Document | Ohio Supreme Court – 2007
State v. Payne
"...873 N.E.2d 306 ... 114 Ohio St.3d 502 ... 2007-Ohio-4642 ... The STATE of Ohio, ... 296, 124 S.Ct. 2531, 159 L.Ed.2d 403, held that statutes that required "judicial fact-finding before imposition of a ... The issue confronting us now is whether, when sentencing occurred after Blakely, failure to object at trial to a ... 2006-1245, we consolidated the cases" ... 114 Ohio St.3d 504 ... II. Analysis ...        \xC2" ... , 2006 WL 202141, judgment reversed by In re Ohio Criminal Sentencing Statutes Cases, 109 Ohio St.3d 411, ... "
Document | Ohio Court of Appeals – 2010
State v. King, 2010 Ohio 290 (Ohio App. 1/29/2010), L-08-1126.
"... ...          {¶ 5} "4. The trial court erred in sentencing Mr. King separately for the crimes rape and gross sexual imposition herein ... Id. Upon review of the sufficiency of the evidence to support a criminal conviction, an appellate court must examine "the evidence admitted at ... Statutes Cases, 110 Ohio St.3d 70, 2006-Ohio-3663. Accordingly, under the ... "
Document | Ohio Court of Appeals – 2007
State v Hairston, 2007 Ohio 2988 (Ohio App. 6/18/2007)
"... ... Date of Judgment Entry: June 18, 2007 ...         Criminal Appeal from Common Pleas Court ...         Judgment affirmed ... ") appeals from the September 26, 2006 Judgment Entry of Re-Sentencing of the Court of Common Pleas, Allen County, Ohio sentencing him to nine ... See In re Ohio Criminal Sentencing Statutes Cases (2006), 110 Ohio St.3d 70, 850 N.E.2d 1168, ...         {¶ ... "

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