mistake (criminal law)

• State v. Dudas, (Ohio 2008)

Appellate Review – evidence in record required to support assigned error. Civ.R. 60 – as not applicable in criminal case; when evidentiary hearing not required; newly discovered evidence; mistake. Criminal Law – Pleas, Motions & Other Hearings – guilty plea precludes claims challenging factual guilt and constitutional violations that occurred prior to entry of plea; res judicata.

• Ohio Supreme Court

• 8th Circuit: U.S. V. Wilson

Criminal Law: Search - Child Pornography - Mistake-Of-Age Defense S. v. Wilson (MLW No. 59113/Case No. 08-2579 - 15 pages) (U.S. Court of Appeals, Eighth Circuit, Shepherd, J.)

• Missouri Lawyers Media
• September 14, 2009

• Stave v. Cline, (Ohio 2012)

CRIMINAL LAW - menacing; R.C. 2903.22; nunc pro tunc judgment; Crim.R. 36; clerical mistake or omission; Crim.R. 3; criminal complaint was not deficient.

• Ohio Supreme Court

• Cori Reform Boosted by State Senate Vote

Mayor Thomas Menino has been a _ longstanding proponent of CORI reform. "I believe that this legislation is about opportunity - no one should receive a life sentence for one mistake," Menino said in a prepared statement, "This bill will help law enforcement break the cycle of criminal activity by giving those who have served their time a second chance to live their Uves independendy and free from crime. CORI was never intended to turn every offense into a life sentence," said [Deval Patrick] in a statement announcing his proposed reforms last year. "All but a handful of people incarcerated are eventually released, and they need to get back to work. These reforms require decisionmakers to make an individual determination about whether an applicant is rehabilitated, rather dian excludin...

• Boston Banner, The
• January 08, 2010

• State v. Johnson, (Ohio 2009)

Criminal Law: A plea agreement based on a mutual mistake that led appellant to believe he would be released from prison sooner than the law allowed, must be rescinded and the conviction vacated.

• Ohio Supreme Court

• A big mistake: eroding the defense of mistake of fact about consent in rape.

The erosion of the defense of mistake in fact to a charge of rape and the development of the rule of equivocality results from growing judicial discomfort with an expansion of this defense. The rule of equivocality revives, in inverted form, the legal rules repudiated by rape reform law of the last two decades. The mistake defense is limited by requiring that a mistake be both genuine and reasonable and this is sufficient education to sexual actors about acceptable behavior without subverting fundamental criminal law and procedure. This limitation prevents rampant use of the mistake defense without the rule of equivocality.

• Journal of Criminal Law and Criminology
• Vol. 86 Nbr. 3, March 1996

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

...      Respondents, a law firm and one of its attorneys (collectively Carlis... or factual errors, but extends to mistakes of law. Held: The bona fide error defense in §16... excuse any person, either civilly or criminally.” Barlow v. United States, 7 Pet. 404, 411. When...

• U.S. Supreme Court

• The International Comparative Legal Guide To: Business Crime 2012 - A Practical Cross-Border Insight Into Business Crime (Slovenia).

...1. General Criminal Law Enforcement . 1.1 What authorities can prosecu... in general still applies, since only a mistake of law that can be reasonably justified can exclud...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• State v. Longmire, (Ohio 2002)

CRIMINAL LAW/SENTENCING – R.C. 2949.05; jurisdiction to modify sentence; correcting a void sentencing entry; clerical mistake; mitigating factors; doctrine of res judicata.

• Ohio Supreme Court

• USA v. Frederick Mullinix, (3rd Cir. 2011)

... Operation of a continuing criminal enterprise, in viola tion of 21U.S.C... in furtherance of un lawful activity, in violation of 18U.S.C. ... (1999); and (3) whether the government's mistake of fact constitutes a "satisfactory explanation" f...

• Federal Circuits