clerical error law

• State v. Shepherd, (Ohio 2011)

CRIMINAL - standard of review; sentence contrary to law; post-release control; resentencing hearing; sentence void; clerical error; Crim.R. 36; nunc pro tunc entry; completion of sentence; Ohio Adm.Code 5120-2-03.2; department of rehabilitation and correction; R.C. 5120.15 and 5120.05

• Ohio Supreme Court

• State ex rel. Nelson v. Russo, (Ohio 2011)

The court denies the relator’s mandamus claim to correct a “clerical error” in sentencing because relator had an adequate remedy at law in which he pursued this specific argument. Thus, res judicata also bars the mandamus claim.

...clerical error” in the sentencing entry so that his sentences would run concurrently instead of  consecutively  in  the  underlying  case,�...

• Ohio Supreme Court

• Democrats Cry Foul Over Clerical Error in Bill ; Budget Cut Legislation Signed by Bush Not What House Passed

The budget cut bill President Bush signed on Wednesday did not pass both the House and Senate in identical form, and House Democrats now say that means it is not legitimately a law. Because of a clerical error, the version the House voted on had a different reimbursement time period in one section than the time period in the version that passed the Senate.

• The Washington Times
• February 13, 2006

• State v. McFeely, (Ohio 2009)

Criminal Law - OVI, amendment, traffic citation, date, clerical error, limitation of cross-examination of trooper as to clerical error, confusion of the jury, sufficiency of the evidence, manifest weight, lay opinion of officer as to appellant's intoxication, effective assistance of counsel, failure to call corroboration witness, trial strategy.

• Ohio Supreme Court

• U.S. District Judge Rejects Legal Challenge to Deficit Reduction Act

A U.S. District Court judge in the District of Columbia has granted a motion to dismiss by the Justice Department in a lawsuit challenging the constitutionality of the Deficit Reduction Act due to an error relating to renting medical equipment under Medicare. The suit, brought by the consumer watchdog group Public Citizen, was one of six filed across the country challenging the budget reconciliation law. At issue is a clerical error that resulted in the House and Senate passing different versions of the bill before it was signed into law.

• Lawyers USA
• August 28, 2006

• State v. Freeman, (Ohio 2011)

CONSTITUTIONAL LAW/CRIMINAL – SEX OFFENSES – INDICTMENT/COMPLAINT: Where a clerical error in the indictment did not mislead or prejudice the defendant, even though carried through to the judgment entry, the error does not affect the validity of the defendant’s conviction and it may be corrected in a nunc pro tunc entry. The trial court did not err in convicting the defendant, who had been classified as a sexually oriented offender under former R.C. Chapter 2950 (“Megan’s Law”), of failing to provide notice of an address change because the record shows that the defendant had not completed his 1975 sentence for gross sexual imposition prior to July 1, 1997, and, therefore, he was required by former R.C. 2950.04(A)(1)(a) to register as a sex offender upon his release from prison, and by ...

• Ohio Supreme Court

• 12 CFR 5.13 - Decisions.

...(ii) Granted due to clerical or administrative error, or a material mistake of ...

• Code of Federal Regulations - Title 12: Banks and Banking

• State v. Nichols, (Ohio 2002)

Findings of fact, conclusions of law; journal entry, clerical error; rules of court, common pleas.

• Ohio Supreme Court

• State v. Bowling, (Ohio 2011)

CONSTITUTIONAL LAW/CRIMINAL – SEX OFFENSES – INDICTMENT/COMPLAINT: Where a clerical error in the indictment did not mislead or prejudice the defendant, even though carried through to the judgment entry, the error does not affect the validity of the defendant’s conviction and it may be corrected in a nunc pro tunc entry. The trial court did not err in accepting the defendant’s guilty plea because the record showed that it was made knowingly, intelligently, and voluntarily where the trial court conduct a thorough Crim.R. 11 (C) colloquy with the defendant, the defendant indicated that his prescription medicine did not affect his ability to understand the proceedings, the trial court noted on the record that the defendant did not appear to be affected by medication, and there is n...

• Ohio Supreme Court

• Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, 559 U. S. (2010)

... intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reas... defense in §1692k(c) is not limited to clerical or factual errors, but extends to mistakes of law....

• U.S. Supreme Court