Commission of an Offense

• Road Work Substandard? Fraud Charges Are Filed Against Orem Company

A federal grand jury has handed down a multiple-count indictment against an Orem-based corporation accused of doing substandard work in installing several highway crash barriers across the state. The indictment charges Hikiau Inc.; Gerald Peterson, 71; and Max Paul Peterson, 42, of five total counts of fraud relating to highway projects and aiding or abetting in the commission of an offense.

• Deseret News (Salt Lake City)
• November 02, 2007

• State v. Jones, (Ohio 2011)

EVIDENCE/WITNESS/TRIAL – R.C. 2941.25 – SENTENCING: The trial court did not err under Evid.R. 404(B) in admitting testimony that the defendant in a murder case had “hustled” with the witness and that the defendant and a witness had sold drugs together, where the testimony was relevant to establish the defendant’s relationship with the witnesses and his identity as the perpetrator of the murder. A police detective’s testimony that he had obtained statements from two witnesses to a murder who did not testify at trial was not hearsay where the detective did not testify about the content of the statements, and the testimony that the statements were made was offered to explain the course of the detective’s investigation. The offense of murder and having a weapon while under a disability w...

... intent that was not present in his commission  of the offense of having a weapon while under ...

• Ohio Supreme Court

• 25 CFR 11.209 - How does the Court of Indian Offenses dispose of fines?

...All money fines imposed for the commission of an offense shall be in the nature of an assessm...

• Code of Federal Regulations - Title 25: Indians

• In re Moncrief, (Ohio 2010)

C. 2981.01, et seq., provides for the forfeiture of contraband, proceeds from, or an instrumentality used in the course or commission of, a criminal offense, to the State of Ohio or a political subdivision. The Dayton Police Department is neither the State of Ohio nor a political subdivision. Therefore, the trial court erred in forfeiting property to the Dayton Police Department. Reversed.

• Ohio Supreme Court

• Lorenzo Johnson v. Neal Mechling, (3rd Cir. 2011)

... mention or analyze the elements of the offense of first-degree murder--the foregoing is the exten..., he [Johnson] aided or abetted the commission or planning of the offense.@ Petitioner=s Memorand...

• Federal Circuits

• State v. Snyder, (Ohio 2011)

C. 2941.25, Allied Offenses of Similar Import, Merger; R.C. 2913.02(A)(3), Grand Theft By Deception; R.C. 2913.11, Passing Bad Checks: Trial court committed plain error by not finding grand theft by deception and passing bad checks to be allied offenses of similar import and then merging those offenses under R.C. 2941.25 because those offenses can be, and in this case, were committed by the same conduct, i.e., a single act, committed with a single state of mind, as it is possible to commit grand theft by deception by passing bad checks to another, and thus those offenses correspond to such a degree that defendant's conduct constituting commission of one offense constitutes commission of the other. R.C. 2941.25(B); Animus: Defendant committed offenses of grand theft by deception and...

• Ohio Supreme Court

• Passenger Can Have Driver's License Suspended, Rules Indiana Supreme Court

An automobile passenger caught with a jar of marijuana between his legs could have his driver's license suspended for "using" a vehicle in the course of a drug offense, the Indiana Supreme Court has ruled in affirming judgment. State law authorizes the suspension of the driver's license of an individual convicted of possession of marijuana if the sentencing court "finds that a motor vehicle was used in the commission of the offense.

• Lawyers USA
• February 14, 2012

• State v. Streeter, (Ohio 2007)

The trial court did commit error by imposing an additional prison sentence pursuant to R.C. 2929.141, commission of new offense by releasee.

• Ohio Supreme Court

• United States Supreme Court: 'Three Strikes and You're Out!'

The US Supreme Court rendered two legal landmark decisions reviewing and eventually upholding state statutes authorizing life imprisonment without parole for the commission and conviction of an offender's third felony offense. However, critics of this "three strikes" statutes argued that implementation of such laws would not achieve preventive results in furtherance of general public safety goals.

• Law & Order
• Vol. 52 Nbr. 9, September 2004

• State v. Harris, (Ohio 2005)

The act of fleeing from a police officer who is attempting to affect a lawful investigatory stop under Terry v. Ohio (1968), 392 U.S. 1, is an affirmative act that hinders or impedes the officer, a public official, in the performance of his lawful public duties and is a violation of O.R.C. 2921.31, obstructing official business. Appellant's conviction for obstructing official business was based upon sufficient evidence and was not against the manifest weight of the evidence. Obstructing official business is a felony where commission of the offense creates a risk of physical harm to another person. Failure to comply with an order or signal of a police officer is a felony where the accused flees immediately after the commission of a felony. The felony offense of obstructing official busin...

• Ohio Supreme Court