The coroner or deputy coroner may issue subpoenas for such witnesses as are necessary, administer to such witnesses the usual oath, and proceed to inquire how the deceased came to his death, whether by violence to self or from any other persons, by whom, whether as principals or accessories before or after the fact, and all circumstances relating thereto. The testimony of such witnesses shall be reduced to writing and subscribed to by them, and with the findings and recognizances mentioned in this section, shall be kept on file in the coroner's office, unless the county fails to provide such an office, in which event all such records, findings and recognizances shall be kept on file in the office of the clerk of the court of common pleas. The coroner may cause such witnesses to enter into recognizance, in such sum as is proper, for their appearance to give testimony concerning the matter. He may require any such witnesses to give security for their attendance, and, if any of them fails to comply with his requirements he shall commit such person to the county jail until discharged by due course of law. In case of the failure of any person to comply with such subpoena, or on the refusal of a witness to testify to any matter regarding which he may lawfully be interrogated, the probate judge, or a judge of the court of common pleas, on application of the coroner, shall compel obedience to such subpoena by attachment proceedings as for contempt. A report shall be made from the personal observation by the coroner or his deputy of the corpse, from the statements of relatives or other persons having any knowledge of the facts, and from such other sources of information as are available, or from the autopsy.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1954–2024 · leading case: State v. Costell, 2016 Ohio 3386 (Ohio Ct. App. 2016).
State v. Costell, 2016 Ohio 3386 (Ohio Ct. App. 2016). “{¶140} The Revised Code authorizes a coroner to inquire “‘how the deceased came to his death, whether by violence to self or from other persons, by whom, whether as principals or accessories before or after the fact, and all circumstances related thereto.”
Perez v. Cleveland, 613 N.E.2d 199 (Ohio 1993). “In addition, appellants allege the sworn testimony of three board-certified forensic pathologists who directly contradict the coroner’s determination as to the cause of death of decedent.”
State v. Cousin, 449 N.E.2d 32 (Ohio Ct. App. 1982). · cites it 2דIn R.C. 313.17, provision is made for a coroner’s inquest which involves the broader circumstances surrounding the death: “The coroner or deputy coroner may issue subpoenas for such witnesses as are necessary, administer to such witnesses the usual oath, and proceed to inquire…”
State ex rel. Blair v. Balraj, 631 N.E.2d 1044 (Ohio 1994). · cites it 2ד) R.C. 313.17 provides in part: “The coroner * * * may * * * proceed to inquire how the deceased came to his death, whether by violence to self or from any other persons, by whom, whether as principals or accessories before or after the fact, and all circumstances relating…”
State v. Bey, 2019 Ohio 1884 (Ohio Ct. App. 2019). “” R.C. 313.17. Furthermore, [w]hen any person dies as a result of criminal or other violent means, by casualty, by suicide, or in any suspicious or unusual manner, * * * the physician called in attendance, or any member of an ambulance service, emergency squad, or law…”
Dunning v. Varnau, 2017 Ohio 7207 (Ohio Ct. App. 2017). “19 provides that the coroner's finding is the legally accepted cause of death unless the court of common pleas directs the coroner to change the decision as to cause, manner, and mode of death.”
Clay v. Galita, 2024 Ohio 833 (Ohio Ct. App. 2024). “” R.C. 313.17 similarly provides, in relative part: The coroner or deputy coroner may issue subpoenas for such witnesses as are necessary, administer to such witnesses the usual oath, and proceed to inquire how the deceased came to his death, whether by violence to self or from…”
Goldsby v. Gerber, 511 N.E.2d 417 (Ohio Ct. App. 1987). “12 (physician’s duty to notify coroner in “suicide” cases); R.C. 313.17 (coroner authorized to subpoena •witnesses to inquire whether the' deceased died by “violence to self”).”
State v. Luce, 2018 Ohio 3865 (Ohio Ct. App. 2018). “Without additional comment, we note R.C. 313.17 states in pertinent part that “[a] report shall be made from the personal observation by the coroner or his deputy of the corpse, from the statements of relatives or other persons having any knowledge of the facts, and from such…”
State v. DeBartolo, 2012 Ohio 3449 (Ohio Ct. App. 2012). “Pursuant to R.C. 313.17, the coroner’s report with respect to such a death “shall be made from the personal observation by the coroner or his deputy of the corpse, from the statements of relatives or other persons having any knowledge of the facts, and from such other sources of…”
State v. Sharp, 162 Ohio St. (N.S.) 173 (Ohio 1954). · cites it 6ד” Section 2855-7, General Code (Section 313.17, Revised Code), relating to the powers and duties of a coroner reads as follows: “The coroner or his deputy may issue subpoenas for such witnesses as are deemed necessary, administer to them the usual oath, and proceed to inquire…”
Ellis v. Buehrer, 2017 Ohio 5516 (Ohio Ct. App. 2017). “12’s requirement to relate facts ‘concerning the time, place, manner, and circumstances of the death’ is essentially meaningless, as is the coroner’s inquiry pursuant to R.C. 313.17 as to who caused the death, together with all attendant circumstances.”
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