Trafficking Indictment was Insufficient

October 1, 2011

A Lorain County man was indicted for trafficking in drugs. He moved to dismiss the trafficking counts because the State did not include the name of the drug he allegedly trafficked in those counts in the indictment. When the trial court denied his request, he pled "no contest" and was found guilty. On appeal to the Ninth District Court of Appeals for Lorain County his convictions for the trafficking counts were reversed. The Court of Appeals determined that the name of the specific drug trafficked was an essential element of the offense which had to be included in the indictment. Since it was not included, the trafficking counts in the indictment were insufficient. Read the decision in State v. Jackson, 2011-Ohio-4998, here.


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