No indictment or information shall be quashed, set aside, or dismissed for any of the following defects:
(A) That there is a misjoinder of the parties accused;
(B) That there is a misjoinder of the offenses charged in the indictment or information, or duplicity therein;
(C) That any uncertainty exists therein.
If the court is of the opinion that either defect referred to in division (A) or (B) of this section exists in any indictment or information, it may sever such indictment or information into separate indictments or informations or into separate counts.
If the court is of the opinion that the defect referred to in division (C) of this section exists in the indictment or information, it may order the indictment or information amended to cure such defect, provided no change is made in the name or identity of the crime charged.
Notes of Decisions
Cited in 11
cases (4 in the last 5 years), 1964–2025 · leading case: State v. Blankenburg, 966 N.E.2d 958 (Ohio Ct. App. 2012).
State v. Blankenburg, 966 N.E.2d 958 (Ohio Ct. App. 2012). · cites it 2ד” {¶ 19} R.C. 2941.28 states: No indictment or information shall be quashed, set aside, or dismissed for any of the following defects: (A) That there is a misjoinder of the parties accused; (B) That there is a misjoinder of the offenses charged in the indictment or information,…”
State v. Miller, 2018 Ohio 3481 (Ohio Ct. App. 2018). · cites it 2דDOES R.C. 2941.28 PRECLUDE A TRIAL COURT FROM DISMISSING "DUPLICITOUS" PORTIONS OF AN INDICTMENT?" I.”
Cleveland v. Bates, 2023 Ohio 3627 (Ohio Ct. App. 2023). · cites it 2דThat conclusion is largely based on R.C. 2941.28(B), which provides that an indictment of information may not be dismissed based on duplicity in the indictment or information.”
State v. Vitale, 645 N.E.2d 1277 (Ohio Ct. App. 1994). “28 provides that “[no] indictment or information shall be quashed, set aside, or dismissed for any of the following defects: * * * (B) That there is a misjoinder of the offenses charged in the indictment or information, or duplicity therein.” To the extent that appellant argues…”
State v. Radabaugh, 2024 Ohio 5640 (Ohio Ct. App. 2024). “); see also R.C. 2941.28 (referencing duplicity as a defect in an indictment and setting forth potential remedies).”
State v. Kolvek, 2017 Ohio 9137 (Ohio Ct. App. 2017). “R.C. 2941.28(B). “Instead, the trial court may sever the indictment into separate indictments or separate counts.”
State v. Fisher, 2022 Ohio 1363 (Ohio Ct. App. 2022). “Miller, 2018-Ohio-3481 at ¶ 60 ; R.C. 2941.28(B). -6- Clinton CA2021-08-026 {¶ 23} In the matter sub judice, the trial court granted the state's motion to amend the indictment during a hearing on February 16, 2021, and then continued the case.”
State v. Sanders, 2025 Ohio 411 (Ohio Ct. App. 2025). “{¶48} R.C. 2941.28 Misjoinder of parties or offenses, states, No indictment or information shall be quashed, set aside, or dismissed for any of the following defects: (A) That there is a misjoinder of the parties accused; (B) That there is a misjoinder of the offenses charged in…”
Clinger v. Maxwell, 175 Ohio St. (N.S.) 540 (Ohio 1964). · cites it 2דThe court determined there was a misjoinder of parties and, under the provisions of Section 2941.28, Revised' Code, ordered the joint indictment to be severed into separate indictments, and a new number was given to petitioner’s indictment.”
Daniel v. Maxwell, 176 Ohio St. (N.S.) 207 (Ohio 1964). · cites it 2דSection 2941.28, Revised Code. Petitioner remanded to custody.”
State v. Wells, 8 Ohio App. Unrep. 413 (Ohio Ct. App. 1990). “R.C. 2941.28 provides in relevant part as follows: "No indictment or information shall be quashed, set aside, or dismissed for any of the following defects: "(A) That there is a misjoinder of the parties accused; "(B) That there is a misjoinder of the offenses charged in the…”
— Ohio Rev. Code § 2941.28(B) — 5 cases
State v. Blankenburg, 966 N.E.2d 958 (Ohio Ct. App. 2012). “” {¶ 19} R.C. 2941.28 states: No indictment or information shall be quashed, set aside, or dismissed for any of the following defects: (A) That there is a misjoinder of the parties accused; (B) That there is a misjoinder of the offenses charged in the indictment or information,…”
Cleveland v. Bates, 2023 Ohio 3627 (Ohio Ct. App. 2023). “That conclusion is largely based on R.C. 2941.28(B), which provides that an indictment of information may not be dismissed based on duplicity in the indictment or information.”
State v. Miller, 2018 Ohio 3481 (Ohio Ct. App. 2018). “DOES R.C. 2941.28 PRECLUDE A TRIAL COURT FROM DISMISSING "DUPLICITOUS" PORTIONS OF AN INDICTMENT?" I.”
State v. Kolvek, 2017 Ohio 9137 (Ohio Ct. App. 2017). “R.C. 2941.28(B). “Instead, the trial court may sever the indictment into separate indictments or separate counts.”
State v. Fisher, 2022 Ohio 1363 (Ohio Ct. App. 2022). “Miller, 2018-Ohio-3481 at ¶ 60 ; R.C. 2941.28(B). -6- Clinton CA2021-08-026 {¶ 23} In the matter sub judice, the trial court granted the state's motion to amend the indictment during a hearing on February 16, 2021, and then continued the case.”
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