The prosecuting attorney shall not enter a nolle prosequi in any cause without leave of the court, on good cause shown, in open court. A nolle prosequi entered contrary to this section is invalid.
Notes of Decisions
Cited in 33
cases (13 in the last 5 years), 1955–2026 · leading case: City of Lakewood v. Pfeifer, 613 N.E.2d 1079 (Ohio Ct. App. 1992).
City of Lakewood v. Pfeifer, 613 N.E.2d 1079 (Ohio Ct. App. 1992). · cites it 6דR.C. § 2941.33 provides that the prosecuting attorney may enter a nolle prosequi with leave of court on good cause shown and in open court.”
State v. Mucci, 782 N.E.2d 133 (Ohio Ct. App. 2002). · cites it 3ד47 and 48(A) and R.C. 2941.33. The memorandum in *496 support stated that appellant was fully cooperative, as she had provided information to the prosecutor’s office and law enforcement; that her cooperation had assisted in the investigation of substantial drug trafficking to…”
State v. Pendleton, 2011 Ohio 2024 (Ohio Ct. App. 2011). · cites it 6ד48(A) and R.C. §2941.33. {¶34} Initially, we note that R.”
State v. Williams, 2011 Ohio 6412 (Ohio Ct. App. 2011). · cites it 3ד” ASSIGNMENT OF ERROR II “[WILLIAMS’] FEDERAL INDICTMENT FOR AN IDENTICAL OFFENSE DOES NOT CONSTITUTE ‘GOOD CAUSE’ TO JUSTIFY A NOLLE PROSEQUI AS REQUIRED BY R.C. 2941.33.” {¶4} In his first and second assignments of error, Williams argues that the trial court erred in granting…”
State ex rel. Steele v. McClelland (Slip Opinion), 2018 Ohio 4011 (Ohio 2018). · cites it 2דIn support, Steele argues that the dismissal entry is void because the trial court failed to determine that "good cause" existed as required by R.C. 2941.33 and because the trial judge and prosecutor referenced an incorrect case number in open court with regard to the state's…”
State v. Ramos, 2022 Ohio 886 (Ohio Ct. App. 2022). · cites it 3ד” Similarly, R.C. 2941.33 provides that “[t]he prosecuting attorney shall not enter a nolle prosequi in any cause without leave of the court, on good cause shown, in open court.”
State v. Hopkins, 2025 Ohio 2102 (Ohio Ct. App. 2025). · cites it 3דSince he claims the nolle prosequi was invalid, Hopkins argues the speedy trial time has been running continuously and that more than 270 days had elapsed.4 {¶ 23} Crim.”
State v. Hammond, 2015 Ohio 4156 (Ohio Ct. App. 2015). · cites it 3ד48 and R.C. 2941.33. {¶9} Pursuant to R.C. 2945.”
State v. Lenard, 2013 Ohio 1995 (Ohio Ct. App. 2013). · cites it 2ד48(A)2 and noted, “[t]he above rules and statutes were enacted to 2 R.C. 2941.33 is substantially similar to the rule, stating “[t]he prosecuting curb unlimited discretion by the prosecutor’s office to enter a nolle prosequi without any court involvement.”
State v. Johnson, 588 N.E.2d 224 (Ohio Ct. App. 1990). · cites it 2דUnder R.C. 2941.33: “The prosecuting attorney shall not enter a nolle prosequi in any cause without leave of the court, on good cause shown, in open court.”
State v. Sweet, 650 N.E.2d 450 (Ohio 1995). “48(A) and R.C. 2941.33. The court of appeals held that this argument was “essentially a minor modification of movant’s vindictive prosecution argument raised and ruled upon in his direct appeal,” and was, therefore, res judicata.”
State v. Andrews, 2024 Ohio 5023 (Ohio Ct. App. 2024). “3d 613 (1996); R.C. 2941.33; and Crim.R. 48. However, Busch also recognized that “a court's resources in a domestic violence case are better used by encouraging a couple to receive counseling and ultimately issuing a dismissal than by going forward with a trial and impaneling a…”
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