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November 17, 2009

"The Right to Closing Argument Can Be Waived" says the Ohio Supreme Court

The United States Supreme Court in Herring v. New York stated that a defendant has a right to make a closing argument. But in State v. McCausland, 2009-Ohio-5933, the Ohio Supreme Court ruled today that the trial court does not commit reversible error when no closing argument is made by a defendant who neither requests closing argument or objects when the trial court goes on to the next step in the proceeding instead of offering an opportunity for closing argument. If a defendant (or their criminal defense attorney) wants to make a closing argument, they better say something about it on the record or their right to make a closing argument will be waived as you can read by clicking here. Watch the oral argument before the Ohio Supreme Court by clicking here.

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