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Fourth Degree Felony becomes a First Degree Misdemeanor

June 30, 2010

Posted In: Verdict Forms

By Robert Alan Brenner on June 30, 2010 5:28 PM |

Previously I wrote about how inadequate verdict forms could mean the early release of convicts. This is so because of the Ohio Supreme Court decision in State v. Pelfrey, 2007-Ohio-256. The Fifth District Court of Appeals of Richland County just reduced a fourth degree felony to a first degree misdemeanor because it was not clear from the verdict form that the jury intended to convict the defendant of the fourth degree felony version of failure to appear. And they did so even though the defendant had already been sentenced a couple times and failed to raise the issue previously. The dissenting judge did not like it as you can read in the decision in State v. Nichols, 2010-Ohio-3104, by clicking here.

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Posted by Robert Alan Brenner | | Email This Post

Posted In: Verdict Forms

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