Ohio Rev. Code » Chapter 2945
Ohio Revised Code

Ohio Rev. Code § 2945.82 (2026)

New trial

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Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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When a new trial is granted by the trial court, or when a new trial is awarded on appeal, the accused shall stand for trial upon the indictment or information as though there had been no previous trial thereof.
Notes of Decisions
Cited in 8 cases, 1956–2018 · leading case: State v. Keenan, 689 N.E.2d 929 (Ohio 1998).
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State v. Keenan, 689 N.E.2d 929 (Ohio 1998). · cites it 3× “Keenan cites R.C. 2945.82, which provides, “When a new trial is * * * awarded on appeal, the accused shall stand for trial upon the indictment or information as though there had been no previous trial thereof.”
State v. Keenan, 81 Ohio St. 3d 133 (1998). · cites it 3× “Keenan cites R.C. 2945.82, which provides, “When a new trial is * * * awarded on appeal, the accused shall stand for trial upon the indictment or information as though there had been no previous trial thereof.”
State v. Robinson, 137 N.E.2d 141 (Ohio Ct. App. 1956). · cites it 4× “Section 2945.82, Revised Code, of the present Code of Criminal Procedure, reads: “When a new trial is granted by the trial court, or when a new trial is awarded on appeal, the accused shall stand for trial upon the indictment or information as though there had been no previous…”
State v. Adamson, 699 N.E.2d 478 (Ohio 1998). “See R.C. 2945.82. In order for Adamson to preserve the immunity granted her, she had a duty to testify upon retrial.”
State v. Keenan, 2013-Ohio-4029. · cites it 2× “33(D) and R.C. 2945.82 govern the manner in which a new trial is to be conducted.”
State v. Adamson, 83 Ohio St. 3d 248 (1998). “See R.C. 2945.82. In order for Adamson to preserve the immunity granted her, she had a duty to testify upon retrial.”
State v. Damico, 3 Ohio App. Unrep. 6 (Ohio Ct. App. 1st Dist. 1990). · cites it 4× “33(D) and R.C. 2945.82. We find that the state's appeal is effectively precluded by R.”
State v. Hardman, 2018-Ohio-5152. “12, R.C. 2945.82 and Evid.R. 1003. {¶10} Hardman, through his second proposed assignment of error, states his appellate counsel was ineffective on appeal by failing to argue that a Backpage.”
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