Ohio Rev. Code » Chapter 5924
Ohio Revised Code

Ohio Rev. Code § 5924.44 (2026)

Double jeopardy

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Effective:
September 28, 2012
Latest Legislation:
House Bill 490 - 129th General Assembly
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(A) No person may be tried a second time in any court-martial of this state for the same offense.

(B) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial for purposes of this section until the finding of guilty has become final after review of the case has been fully completed.

(C) A proceeding that, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for want of available evidence or witnesses without any fault of the accused is a trial for purposes of this section.
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1994–2024 · leading case: State v. Van Dyne, 2016-Ohio-1476.
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State v. Van Dyne, 2016-Ohio-1476. “THE TRIAL COURT IS PREVENTED FROM RETRYING APPELLANT, BY JURY OR OTHERWISE, AS SHE HAS ALREADY BEEN PUT IN JEOPARDY AND HAS ALREADY BEEN CONVICTED OF THE OFFENSE CHARGED MAKING ANY SUBSEQUENT TRIAL VIOLATIVE OF THE FIFTH AMENDMENT TO THE UNITED STATES CONSTITUTION, SECTION 10…”
State v. Cole, 641 N.E.2d 732 (Ohio Ct. App. 1st Dist. 1994). “Finally, in military prosecutions, R.C. 5924.44(B) states that, when a defendant, in a second trial on the same offense, “has been found guilty [on] any charge or specification,” he has not suffered double jeopardy until the case is fully completed.”
State v. Washington, 2024-Ohio-1942. · cites it 2× “{¶15} On June 26, 2023, appellant filed three motions: a Motion to Dismiss for “Miscarriage of Justice;” a “Motion to Dismiss Void/Relief from Judgment (R.C. 5924.44, Double Jeopardy;” and a “Motion to Dismiss Void/Relief from Judgment (R.”
Ohio Rev. Code § 5924.44(B): 1 case
State v. Cole, 641 N.E.2d 732 (Ohio Ct. App. 1st Dist. 1994). “Finally, in military prosecutions, R.C. 5924.44(B) states that, when a defendant, in a second trial on the same offense, “has been found guilty [on] any charge or specification,” he has not suffered double jeopardy until the case is fully completed.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.