Notes of Decisions
Cited in
25
cases (
5 in the last 5 years), 1960–2024 · leading case:
Ross v. Petro, 515 F.3d 653 (6th Cir. 2008).
Ross v. Petro, 515 F.3d 653 (6th Cir. 2008).
· cites it 5× “[2] Ohio Rev.Code § 2945.36 provides: The trial court may discharge a jury without prejudice to the prosecution: (A) For the sickness or corruption of a juror or other accident or calamity; (B) Because there is no probability of such jurors agreeing; (C) If it appears after the…”
State v. Morgan, 719 N.E.2d 102 (Ohio Ct. App. 1998).
· cites it 4× “” I In his first assignment of error, appellant contends that the trial court erred in denying his motion to dismiss on double jeopardy grounds because the trial court did not state with specificity its reasons for declaring a mistrial, as required by R.C. 2945.36. Thus, upon…”
Ross v. Petro, 382 F. Supp. 2d 967 (N.D. Ohio 2005).
· cites it 4× “Ohio Rev.Code § 2945.36 provides: The trial court may discharge a jury without prejudice to the prosecution: (A) For the sickness or corruption of a juror or other accident or calamity; (B) Because there is no probability of such jurors agreeing; (C) If it appears after the jury…”
State v. Sabbah, 468 N.E.2d 718 (Ohio Ct. App. 1982).
· cites it 2× “” * * * R.C. 2945.36 sets forth four grounds upon which to discharge a jury in a criminal case.”
State v. Carter, 2019 Ohio 1749 (Ohio Ct. App. 2019).
· cites it 3× “3d 33, ¶ 8 (holding that a challenge to compliance with R.C. 2945.36 is forfeited by the failure to object before retrial on the charges); Beer, 54 Ohio St.”
State ex rel. Bevins v. Cooper, 2014 Ohio 544 (Ohio 2014).
· cites it 3× “{¶ 4} In this case, Bevins asked the court of appeals to issue a writ ordering immediate release or a new trial, alleging that the 2005 retrial was “jurisdictionally unauthorized” because in 2003 the trial court had discharged the jury without stating the reasons for the…”
State v. Scott, 497 N.E.2d 55 (Ohio 1986).
“The court overruled the joint motion for mistrial, but administered a lengthy cautionary instruction to the prospective jurors stressing that their judgment must be based solely upon the evidence adduced at trial.”
State v. Green, 2013 Ohio 893 (Ohio Ct. App. 2013).
· cites it 6× “He thus contends that the court erred in failing to set forth the reasons for the discharge as required by R.C. 2945.36. {¶11} This statute provides that the trial court may discharge a jury without prejudice to the prosecution for various reasons listed therein.”
State v. Morant, 2021 Ohio 3160 (Ohio Ct. App. 2021).
“17(A) (right to be tried by jury), R.C. 2945.36 (reasons for discharge of jury), and R.”
State v. Rowe, 637 N.E.2d 29 (Ohio Ct. App. 1993).
“The decision whether to declare a mistrial and discharge the jury, pursuant to R.C. 2945.36, is within the sound discretion of the trial court.”
State v. Ross, 2014 Ohio 2867 (Ohio Ct. App. 2014).
“See R.C. 2945.36(A) (jury may be discharged without prejudice to the State due to “corruption of a juror”).”
State v. Edwards, 2023 Ohio 4173 (Ohio Ct. App. 2023).
“at ¶ 16; R.C. 2945.36(G). A defendant is rebuttably presumed competent to stand trial or plead guilty when he "has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding [and] has a rational as well as factual understanding of…”
Ohio Rev. Code § 2945.36(A): 8 cases
Ross v. Petro, 515 F.3d 653 (6th Cir. 2008).
“[2] Ohio Rev.Code § 2945.36 provides: The trial court may discharge a jury without prejudice to the prosecution: (A) For the sickness or corruption of a juror or other accident or calamity; (B) Because there is no probability of such jurors agreeing; (C) If it appears after the…”
Ross v. Petro, 382 F. Supp. 2d 967 (N.D. Ohio 2005).
“Ohio Rev.Code § 2945.36 provides: The trial court may discharge a jury without prejudice to the prosecution: (A) For the sickness or corruption of a juror or other accident or calamity; (B) Because there is no probability of such jurors agreeing; (C) If it appears after the jury…”
State v. Ross, 2014 Ohio 2867 (Ohio Ct. App. 2014).
“See R.C. 2945.36(A) (jury may be discharged without prejudice to the State due to “corruption of a juror”).”
State v. Green, 2013 Ohio 893 (Ohio Ct. App. 2013).
“He thus contends that the court erred in failing to set forth the reasons for the discharge as required by R.C. 2945.36. {¶11} This statute provides that the trial court may discharge a jury without prejudice to the prosecution for various reasons listed therein.”
Ohio Rev. Code § 2945.36(B): 4 cases
State v. Carter, 2019 Ohio 1749 (Ohio Ct. App. 2019).
“3d 33, ¶ 8 (holding that a challenge to compliance with R.C. 2945.36 is forfeited by the failure to object before retrial on the charges); Beer, 54 Ohio St.”
State ex rel. Bevins v. Cooper, 2014 Ohio 544 (Ohio 2014).
“{¶ 4} In this case, Bevins asked the court of appeals to issue a writ ordering immediate release or a new trial, alleging that the 2005 retrial was “jurisdictionally unauthorized” because in 2003 the trial court had discharged the jury without stating the reasons for the…”
Ohio Rev. Code § 2945.36(D): 2 cases
State v. Scott, 497 N.E.2d 55 (Ohio 1986).
“The court overruled the joint motion for mistrial, but administered a lengthy cautionary instruction to the prospective jurors stressing that their judgment must be based solely upon the evidence adduced at trial.”
State v. Green, 2013 Ohio 893 (Ohio Ct. App. 2013).
“He thus contends that the court erred in failing to set forth the reasons for the discharge as required by R.C. 2945.36. {¶11} This statute provides that the trial court may discharge a jury without prejudice to the prosecution for various reasons listed therein.”
Ohio Rev. Code § 2945.36(G): 1 case
State v. Edwards, 2023 Ohio 4173 (Ohio Ct. App. 2023).
“at ¶ 16; R.C. 2945.36(G). A defendant is rebuttably presumed competent to stand trial or plead guilty when he "has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding [and] has a rational as well as factual understanding of…”
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