Recently in Criminal Rule 32 Category

November 30, 2007

Sentence Reversed for failure to comply with Criminal Rule 32(A)

Ohio's Second District Court of Appeals (Court of Appeals for Clark County (Springfield Municipal Court in Springfield, Ohio)), reversed a sentence because the trial judge failed to "address the defendant personally and ask if he or she wishes to make a statement in his or her own behalf or present any information in mitigation of punishment" as required by Criminal Rule 32(A) (right of allocution).  Because the trial court failed to comply with this "mandatory duty," the case was remanded for resentencing.  This is the link to the full decision.

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