bill of particulars criminal

• State v. Ferren, (Ohio 2011)

An indictment that alleges multiple sexual offenses involving minor victims which occurred on an on-going basis did not violate defendant’s due process right to notice where offenses were differentiated by one month increments for one victim, included a set time frame for the other victim, and the state provided additional specifics of the offenses in the supplemental bill of particulars. The joinder test permits trial of unrelated criminal charges where the evidence of each offense is simple and direct such that the jury will be able to segregate the proof relating to each offense. It is harmless error if there is overwhelming evidence of guilt in the record when improperly admitted other acts evidence is disregarded. Where defendant fails to raise an objection to an alleged time lim...

• Ohio Supreme Court

• U.S. Court of Appeals, 8th Circuit: U.S. V. Livingstone

Criminal Law: Drug Conspiracy - Bill Of Particulars - Interviews S. v. Livingstone (MLW No. 59545/Case No. 08-3418 - 5 pages) (U.S. Court of Appeals, 8th Circuit, Arnold, J.)

• Missouri Lawyers Media
• September 14, 2009

• State v. Robinson, (Ohio 2005)

CRIMINAL – perjury; R.C. 2921.11(A); bill of particulars; Crim.R. 29(A); ineffective assistance of counsel; knowingly; manifest weight of the evidence.

• Ohio Supreme Court

• Prosecution's Amendment to Bill of Particulars Did Not Result in Undue Prejudice to Defendant

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.

• Daily Record (Rochester, NY)
• August 04, 2004

• State v. Evans, (Ohio 2010)

Criminal law–indictment and bill of particulars sufficiently alleged in loco parentis theory of child endangering when appellant lived with child; trial court did not err by permitting state to amend indictment on day of trial to include additional timeframe; trial court did not abuse its discretion by refusing to sever trials; felonious assault and child endangering are not allied offenses of similar import.

• Ohio Supreme Court

• State v. Pasqualone, (Ohio 2007)

CRIMINAL LAW – speedy trial; tolling events; motion to suppress; motion in limine; request for bill of particulars; state’s motion to continue. CRIMINAL LAW – Confrontation Clause; Sixth Amendment; testimonial; R.C. 2925.51; analyst’s report; knowing, intelligent, and voluntary waiver.

• Ohio Supreme Court

• State v. Brown, (Ohio 2005)

CRIMINAL LAW/SPEEDY TRIAL – informal “request” for bill of particulars; motion for reduction of bond; motion for preparation of transcript. CRIMINAL LAW/PROSECUTORIAL MISCONDUCT – closing argument; uncontroverted evidence. CRIMINAL LAW/SENTENCING – Blakely v. Washington; more than the minimum sentence; prior prison term.

• Ohio Supreme Court

• 18 USC 3366 - Sec. 3366. Bill of particulars - (Rule)

• U.S. Code - Title 18: Crimes and Criminal Procedure

• State v. Rivers, (Ohio 2004)

Bill of particulars, motion to dismiss, Crim.R. 48, Crim.R. 12, aggravated burglary, any criminal offense.

• Ohio Supreme Court

• State v. Gibson, (Ohio 2003)

CRIMINAL – R.C. 2945.71; 2945.72; speedy trial; bill of particulars; motion to suppress; venue; indictment; date; elements of the offense; material detriment; polygraph examination; admissibility; written stipulation; manifest weight; credibility of the witnesses. SENTENCING – consecutive sentences; reasons; sentencing hearing.

• Ohio Supreme Court