Generally speaking, jurisdiction is the power of a court to hear a case, and venue is where the case should be heard once jurisdiction is established. Morrison v. Steiner, 32 Ohio St.2d 86, 87. Revised Code Section 2901.12(A) states that "[t]he trial of a criminal case in this state shall be held in a court having jurisdiction of the subject matter, and in the territory of which the offense or any element of the offense was committed."
The prosecution has to prove "venue" (that the crime - or any element of the crime - took place in the territory covered by the trial court) in every criminal case, unless the defendant waives this requirement. So in most every criminal case that goes to trial, you will hear the prosecutor ask one or usually several witnesses whether the location of the crime was in the city or township of _____, and in ______ County in the State of Ohio.
The prosecutor in the case of State v. Gonzalez, 2010-Ohio-982, simply failed to do so. The prosecutor asked the victim for the address where the sexual imposition took place, and the victim did not know the address. The prosecutor failed to ask any other witnesses. Not only that, but there was no circumstantial evidence in the record form which the trial court could determine venue.
Therefore, Third District Court of Appeals reversed the conviction and "dismissed" Gonzalez. Read the case by clicking here.
