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sufficiency, manifest weight, rape, Evid.R. 403, expert testimony, bill of particulars, ineffective assistance of counsel
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In a campaign season of "surprise surprise!" six-figure bank accounts, $2,000 may not amount to much, but it has given GOP gubernatorial candidate Joh...
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A written statement used in both civil and criminal actions that is submitted by a plaintiff or a prosecutor at the request of a d...
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Where the defendant was convicted of conspiracy and criminal possession of a controlled substance, the prosecution was allowed to amend the bill of particulars to allege the defendant constructively possessed cocaine seized from a vehicle from which he was a passenger.
The court also determined it was error to deny the defendant's request for a circumstantial evidence charge with respect to the criminal possession counts of the indictment.
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CRIMINAL - Felonious Assault; Kidnapping; manifest weight of the evidence; sufficiency of the evidence; bill of particulars; indictment; jury instructions; safe place unharmed; R.C. 2905.01(C); ineffective assistance of counsel
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STRICT LIABILITY OFFENSES; NO CULPABLE MENTAL STATE; STATE V. HORNER; VIOLATION OF BUILDING CODE; NOTICE OF VIOLATION; UNFAIR SURPRISE; WEIGHT OF EXPERT TESTIMONY; JURY INSTRUCTIONS; JURY QUESTIONS; PLEA AGREEMENT; BILL OF PARTICULARS; PROSECUTORIAL MISCONDUCT; OTHER ACTS EVIDENCE; VOID FOR VAGUENESS; EQUAL PROTECTION/SELECTIVE PROSECUTION; INEFFECTIVE ASSISTANCE OF COUNSEL; CUMULATIVE ERROR.
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Prosecutorial misconduct, motion to sever, Crim.R. 8, motion to suppress, custodial interrogation, bill of particulars.
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The jurys guilty verdict was not against the sufficiency of evidence when evidence at trial showed defendant had in custody or control over the baby, that defendant acted recklessly, and that defendant created a substantial risk; counsel was not ineffective for failing to file a motion to compel for a bill of particulars prior to trial.
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CRIMINAL LAW - statutory right to speedy trial; tolling; felony; R.C. 2945.72; continuance; filing of motions by accused; request for discovery; request for bill of particulars; appeal; competency to stand trial.