Mistrial upheld on appeal
During closing arguments in a trial for conveying drugs of abuse into a detention facility, the assistant prosecutor committed prosecutorial misconduct by stating in front of the jury that there had been plea negotiations. Not only that, but the assistant prosecutor informed the jury about the contents of those plea negotiations - that the defense had suggested a possession charge. The trial judge declared a mistrial stating that the defendant was deprived of a fair trial. The judge also stated that the case was "dismissed." The court of appeals upheld the mistrial but because the trial judge did not expressly state that the case was "dismissed with prejudice," the court of appeals presumed it was a dismissal without prejudice leaving the door open for a possible retrial. Read the decision in State v. Hunter, 2012-Ohio-189, here.
If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private criminal defense lawyer. Otherwise, contact your county or state public defender to see if they can help.
Contact me 24/7 by sending an email to ohiocriminalappealslawyer@gmail.com
