Prosecutors may appeal a judge’s dismissal of charges after they determine there isn’t enough evidence that a criminal offense occurred in the proper jurisdiction, the Ohio Supreme Court said Wednesday.
Dismissing charges based on venue issues differs from ending a case due to insufficient evidence, Justice Joseph T. Deters (R) wrote for the unanimous court. The justices overruled 2012’s Ohio v. Hampton, which said prosecutors couldn’t appeal dismissal decisions based on a lack of evidence for a certain jurisdiction.
“Hampton departed from precedent when it equated a determination that venue has not been established with an acquittal,” Deters ...
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