(A) Offenses include aggravated murder, murder, felonies of the first, second, third, fourth, and fifth degree, misdemeanors of the first, second, third, and fourth degree, minor misdemeanors, and offenses not specifically classified.
(B) Aggravated murder when the indictment or the count in the indictment charging aggravated murder contains one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of Revised Code, and any other offense for which death may be imposed as a penalty, is a capital offense.
(C) Aggravated murder and murder are felonies.
(D) Regardless of the penalty that may be imposed, any offense specifically classified as a felony is a felony, and any offense specifically classified as a misdemeanor is a misdemeanor.
(E) Any offense not specifically classified is a felony if imprisonment for more than one year may be imposed as a penalty.
(F) Any offense not specifically classified is a misdemeanor if imprisonment for not more than one year may be imposed as a penalty.
(G) Any offense not specifically classified is a minor misdemeanor if the only penalty that may be imposed is one of the following:
(1) For an offense committed prior to January 1, 2004, a fine not exceeding one hundred dollars;
(2) For an offense committed on or after January 1, 2004, a fine not exceeding one hundred fifty dollars, community service under division (D) of section 2929.27 of the Revised Code, or a financial sanction other than a fine under section 2929.28 of the Revised Code.
Notes of Decisions
Cited in 97
cases (16 in the last 5 years), 1976–2026 · leading case: State v. Griffin, 2013-Ohio-5481, 4 N.E.3d 989.
State v. Griffin, 2013-Ohio-5481, 4 N.E.3d 989. · cites it 16דFor example, after the United States Supreme Court had overturned Ohio’s death-penalty statutes, Norman 11 SUPREME COURT OF OHIO Henry and a codefendant were indicted for an aggravated murder committed in 1980.”
State ex rel. Cincinnati Enquirer v. Lyons, 2014-Ohio-2354, 14 N.E.3d 989. · cites it 6ד32(A)(1) provides that “[a]pplication may be made at the expiration of three years after the offender’s final discharge if convicted of a felony, or at the expiration of one year after the offender’s final discharge if convicted of a misdemeanor.”
State v. Chappell, 2010-Ohio-5991, 127 Ohio St. 3d 376. · cites it 6ד) {¶ 32} For the purposes of the Revised Code, R.C. 2901.02 classifies offenses into categories and limits the category of “felony” to the following: (1) aggravated murder and murder as defined in the Revised Code, (2) any offense specifically classified as a felony in the…”
State v. Bishop (Slip Opinion), 2018-Ohio-5132, 124 N.E.3d 766. · cites it 2ד” R.C. 2901.02(A). Thus, a guilty plea is entered to a charged offense, and “the maximum penalty involved” is the maximum penalty for that offense to which the defendant pleads guilty and not additional or collateral possible punishments that are an indirect consequence of the…”
State v. Henry, 446 N.E.2d 436 (Ohio 1983). · cites it 9דI The first issue before us concerns whether pursuant to R.C. 2901.02(B), aggravated murder is a capital offense requiring separate trials for jointly indicted defendants, where there has been no application for a joint trial as required by Crim.”
State v. White, 2012-Ohio-2583, 132 Ohio St. 3d 344. · cites it 2דThe state relied upon dicta from this court that “R.C. 2901.02(B) was amended effective April 4, 1984 so that only an offense for which death may be imposed as a penalty is a capital offense.”
State v. Grevious, 2022-Ohio-4361, 223 N.E.3d 323. · cites it 2דR.C. 2901.02 classifies aggravated murder, murder, and felonies of the first, second, third, fourth, and fifth degree as felony offenses.”
State v. Short, 2011-Ohio-3641, 952 N.E.2d 1121. “{¶ 80} Aggravated murder is a felony, R.C. 2901.02(C), and a sentence for aggravated murder with aggravating circumstances is imposed under “this chapter” — that is, R.”
State v. Sanders, 2008 WI 85, 752 N.W.2d 713. · cites it 2דOhio Rev. Code Ann. § 2901.02 (A), (G) ( West 2006 ).”
Taylor v. Mitchell, 296 F. Supp. 2d 784 (N.D. Ohio 2003). · cites it 2דOhio Rev. Code § 2901.02(A). 5 . The sentencing instruction in Scott , as quoted by that Court, reads: If all 12 members of the jury find, by proof beyond a reasonable doubt, that the aggravating circumstances which Jay Scott was found guilty of committing outweigh the…”
State v. Clinkscale, 2009-Ohio-2746, 911 N.E.2d 862. · cites it 2ד24(G)(2) which prohibits the substitution of alternate jurors during deliberation, particularly when the dismissed juror is the sole dissenter at the time of her dismissal.” II. Legal Analysis A. This Is a Capital Case {¶ 11} Our analysis of this case is guided by the fact that…”
State v. Bishop (Slip Opinion), 2018-Ohio-5132, 124 N.E.3d 766. “” R.C. 2901.02(A). Thus, a guilty plea is entered to a charged offense, and “the maximum penalty involved” is the maximum penalty for that offense to which the defendant pleads guilty and not additional or collateral possible punishments that are an indirect consequence of the…”
State ex rel. Cincinnati Enquirer v. Lyons, 2014-Ohio-2354, 14 N.E.3d 989. “32(A)(1) provides that “[a]pplication may be made at the expiration of three years after the offender’s final discharge if convicted of a felony, or at the expiration of one year after the offender’s final discharge if convicted of a misdemeanor.”
Taylor v. Mitchell, 296 F. Supp. 2d 784 (N.D. Ohio 2003). “Ohio Rev. Code § 2901.02(A). 5 . The sentencing instruction in Scott , as quoted by that Court, reads: If all 12 members of the jury find, by proof beyond a reasonable doubt, that the aggravating circumstances which Jay Scott was found guilty of committing outweigh the…”
State v. Griffin, 2013-Ohio-5481, 4 N.E.3d 989. “For example, after the United States Supreme Court had overturned Ohio’s death-penalty statutes, Norman 11 SUPREME COURT OF OHIO Henry and a codefendant were indicted for an aggravated murder committed in 1980.”
State v. Henry, 446 N.E.2d 436 (Ohio 1983). “I The first issue before us concerns whether pursuant to R.C. 2901.02(B), aggravated murder is a capital offense requiring separate trials for jointly indicted defendants, where there has been no application for a joint trial as required by Crim.”
State v. White, 2012-Ohio-2583, 132 Ohio St. 3d 344. “The state relied upon dicta from this court that “R.C. 2901.02(B) was amended effective April 4, 1984 so that only an offense for which death may be imposed as a penalty is a capital offense.”
State v. Clinkscale, 2009-Ohio-2746, 911 N.E.2d 862. “24(G)(2) which prohibits the substitution of alternate jurors during deliberation, particularly when the dismissed juror is the sole dissenter at the time of her dismissal.” II. Legal Analysis A. This Is a Capital Case {¶ 11} Our analysis of this case is guided by the fact that…”
State v. Chappell, 2010-Ohio-5991, 127 Ohio St. 3d 376. “) {¶ 32} For the purposes of the Revised Code, R.C. 2901.02 classifies offenses into categories and limits the category of “felony” to the following: (1) aggravated murder and murder as defined in the Revised Code, (2) any offense specifically classified as a felony in the…”
State v. Short, 2011-Ohio-3641, 952 N.E.2d 1121. “{¶ 80} Aggravated murder is a felony, R.C. 2901.02(C), and a sentence for aggravated murder with aggravating circumstances is imposed under “this chapter” — that is, R.”
State ex rel. Cincinnati Enquirer v. Lyons, 2014-Ohio-2354, 14 N.E.3d 989. “32(A)(1) provides that “[a]pplication may be made at the expiration of three years after the offender’s final discharge if convicted of a felony, or at the expiration of one year after the offender’s final discharge if convicted of a misdemeanor.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.