Franklin County Criminal Law Casebook
Reproduced with permission from
Allen V. Adair and the Franklin County Public Defender Office

By Allen V. Adair
Copyright © Franklin County Public Defender and Allen V. Adair, 2010
Contents may not be duplicated without express permission

INDEX

INTRODUCTION

This volume and CD update the Criminal Law Casebook, Second Edition, published in 2000 by the Franklin County Public Defender, and the Cumulative Update 2001-2008. Both volumes should be retained. The text is current through 123 Ohio St. 3d 497, 183 Ohio App. 3d 696, 154 Ohio Misc. 2d 11, and 130 S.Ct. 575.

The CD contains the text of both the 2000 edition of the Casebook and the Cumulative Update both in Word Perfect 5.1, in which they were prepared, and translated to Microsoft Word. The 2010 Update is in Word only. The three digit numbers which appear in the table of contents and index identify the individual files on disk. The prefix ME indicates the original text, MES the Cumulative Update, and NS the current update.

The use of dashes (--) in place of a page number in the table of contents and index indicates no additional annotations since publication of the main volumes.

INDEX

ABANDONMENT, DEFENSE OF (002)
Also see Affirmative Defenses

ABDUCTION
See Kidnapping and Related Offenses

ABUSE OF A CORPSE (305)

ABUSED CHILDREN
See Neglected, Dependent and Abused Children

ACCIDENT (050)

ACCOMPLICE, TESTIMONY OF (003)
Also see Complicity

ACQUITTAL, MOTIONS FOR
See Criminal Procedure, Rules of / Crim. R. 29

ADMINISTRATIVE SEARCHES
See Search and Seizure/Administrative searches

ADMISSIONS AND CONFESSIONS (004)
Also see Corpus Delicti; Hearsay; Counsel, Right To; Arrest; Fifth Amendment

Admissions in general
Miranda basics
Custody issues
Other circumstances surrounding interrogation
Waiver of rights issues
Invocation of right to counsel or to remain silent
Police informants and agents
Coerced confessions
Post arrest silence
Codefendant's statements
Suppression hearing issues
Admissibility issues
Other issues

AFFIRMATIVE DEFENSES IN GENERAL (005)
Also see Abandonment; Self-defense; Duress; Entrapment; Battered Wife Syndrome; Insanity; Intoxication

Basics
Specific defenses

AGGRAVATED ASSAULT
See Assault

AGGRAVATED BURGLARY
See Burglary and Related Offenses

AGGRAVATED MENACING
See Menacing

AGGRAVATED MURDER
See Homicide Offenses

AGGRAVATED ROBBERY
See Robbery

AGGRAVATED TRAFFICKING
See Drug Offenses

AGGRAVATED VEHICULAR HOMICIDE
See Homicide Offenses/Vehicular homicide

AIDING AND ABETTING
See Complicity

ALIBI (021)

ALIENS
See Noncitizens

ALIUNDE RULE
See Jury Matters/Verdict; Competency to Be a Witness/Jurors

ALLIED OFFENSES OF SIMILAR IMPORT (036)
Also see Double Jeopardy

ALLOCUTION, RIGHT TO (051)

ANIMALS (213)

APPELLATE REVIEW (062)
Also see Judgment; Jurisdiction; Motions; Sentencing/Sentence appeals

In general
Right to appeal and right to counsel on appeal
Final appealable order
Jurisdictional issues
Mootness
Appeals by the prosecution
Criminal Rule 12(K) interlocutory appeals
Juvenile cases
Appeal bond
Preservation of the record
Procedure
Procedure in no merit cases
Standards for review
Plain error; Structural error
Application for reconsideration
Delayed appeals
Application for reopening
Mandate; Res judicta; Law of the case doctrine
Proceedings on remand

APPOINTED COUNSEL
See Indigency; Counsel, Right to; Public Defenders

ARGUMENTS OF COUNSEL (006)
Also see Prosecutors, prosecutorial misconduct

Basics
Improper argument by prosecutors in general
Improper argument by prosecutors - personal belief
Improper argument by prosecutors - postarrest silence
Improper argument by prosecutors - denigration of defense counsel
Improper argument by prosecutors - inflammatory appeals to the jury
Improper argument by prosecutors - matters not of record
Improper argument by prosecutors - comment on defendant's failure to testify
Improper argument by prosecutors - multiple violations
Improper argument by the defense
Death penalty cases

ARRAIGNMENT (052)
Also see Insanity; Guilty Pleas; No Contest Pleas; Counsel, Right To

ARREST (007)
For cases on searches incident to an arrest see Search and Seizure/Warrantless searches/Search incident to an arrest
For cases on OMVI arrests, see OMVI/Detention and arrest issues
Also see Investigative Detention; Law Enforcement Officers; Resisting Arrest; Informants; Law Enforcement Officers/Territorial jurisdiction; Search and Seizure topics including The Exclusionary Rule

Probable cause
When an arrest has been completed
Warrantless arrests
Arrests with a warrant
Miscellaneous

ARSON (009)

ASSAULT (053)
Also see Self-Defense; Deadly Weapons; Accident; Battered Woman Syndrome

Assault generally
Felonious assault and aggravated assault
Vehicular assault
Number of offenses
Lesser included offenses; Merger
Physical harm and serious physical harm
Corporal punishment, patient abuse, hazing

ATTEMPT (055)

ATTORNEY-CLIENT PRIVILEGE
See Attorney-Client Relationship/Attorney-client privilege

ATTORNEY-CLIENT RELATIONSHIP (015)
Also see Privilege; Ethical Considerations and Disciplinary Proceedings; Counsel, Right To

Obligations to the client and the court
Attorney-client privilege
Work product
Lawyer as witness or potential witness
Conflict of interest
Withdrawal from a case or disqualification
Malpractice
Unauthorized practice and other issues

AUTHENTICATION
See Exhibits

AUTOMOBILES (058)
Also see Search and Seizure/Warrantless searches/Automobiles and other movable objects

Ownership
Other issues

BAD TIME
See Prisoners

BAIL (072)
Also see Appellate Review/Appeal bonds

Basics
Financial aspects
Misdemeanor cases
Remedies for excessive bail
Failure to appear on a recognizance bond
Forfeiture issues

BATSON CLAIMS
See Jury Matters/Challenges - Discriminatory purpose

BATTERED WOMAN SYNDROME (068)
Also see Self-Defense

BEST EVIDENCE RULE
See Exhibits

BILL OF INFORMATION
See Indictments and Complaints

BILL OF PARTICULARS (069)
Also see Indictments and Complaints

BINDOVER
See Juveniles

BLACKOUTS
See Affirmative Defenses

BOND
See Bail

BORDER SEARCHES
See Search and Seizure/Border searches

BRADY MATERIAL
See Discovery/Material favorable to the defendant

BREAKING AND ENTERING
See Burglary and Related Offenses

BRIBERY (071)
Also see Intimidation

BURDEN OF PROOF AND BURDEN OF GOING FORWARD (008)
Also see Reasonable Doubt

Basic elements
Aggravating factors
Relationship to the premises
Intent
Merger; Lesser included offenses

BUSINESS RECORDS (090)
Also see Public Records; Exhibits

CARRYING CONCEALED WEAPONS (010)
Also see Firearm Specifications; Weapons Offenses; Deadly Weapons

Concealment
Knives
Guns
Defenses
Other issues

CHAIN OF EVIDENCE
See Exhibits/Chain of custody

CHALLENGES FOR CAUSE
See Jury Matters

CHANGE OF VENUE
See Venue

CHARACTER EVIDENCE (083)
Also see Rebuttal; Cross-Examination; Similar Acts Evidence

Defendant's character and reputation
Victim's character and reputation
Other issues

CHILD STATEMENTS IN ABUSE CASES
See Hearsay, Child statements in abuse cases

CHILD STEALING
See Kidnapping and Related Offenses

CHILD SUPPORT
See Indigency; Nonsupport; Contempt

CHILD-VICTIM ORIENTED OFFENSES (308)
Also see Sex Offenders and Sexual Predator Laws

CIRCUMSTANTIAL EVIDENCE (082)

CITATIONS
See Arrest

CIVIL RIGHTS ACTIONS
See Collateral Litigation

CLEMENCY (209)

COERCION
See Intimidation

COLLATERAL ESTOPPEL (094)
Also see Double Jeopardy; Res Judicata

Criminal cases
Civil cases

COLLATERAL LITIGATION (201)
Also see Post-Conviction Relief; Mandamus; Prohibition; Habeas Corpus; Nuisance Abatement Actions

Immunity issues
Appropriateness and availability of collateral cause of action
Dismissal and summary judgment
Frivolous claims; sanctions
Prisoner's suits
Civil rights actions
Malicious prosecution
Vexatious litigators
Other issues

COLLATERAL MATTERS
See Impeachment, Collateral matters: Evid R. 608(B)

COMMUNITY CONTROL SANCTIONS
See Probation and Community Control

COMMUNITY SERVICE

COMMUTATION
See Collateral Litigation, Clemency

COMPETENCY TO BE A WITNESS (167)
Also see Privilege

In general
Persons of unsound mind
Children
Spouses
Attorneys
Police officers
Jurors

COMPETENCY TO STAND TRIAL (078)
Also see Insanity

Basics
Obligation to determine competency
Standards; Determination
Other issues

COMPLAINTS
See Indictments and Complaints

COMPLICITY (056)
Also see Conspiracy; Accomplice/Testimony of; Criminal Liability

Basics
Trial issues
Specific offenses
Instructions

COMPOUNDING A CRIME (001)

COMPULSORY PROCESS (087)

COMPUTERS AND ELECTRONIC DEVICES (202)

CONDITIONAL PROBATION OF A DRUG DEPENDENT PERSON
See Probation and Community Control/Conditional probation of a drug dependent person

CONFESSIONS
See Admissions and Confessions

CONFLICT OF INTEREST
See Attorney-Client Relationship/Conflict of interest

CONFLICT WITH GENERAL LAW OF THE STATE
See Ohio Constitution

CONFRONTATION (089)
Also see Cross-Examination; Defendant, Presence of; Admissions and Confessions/Codefendant's statements

Witness issues
Hearsay
Statements by codefendants and accomplices
Child victims
Other issues

CONSCIOUSNESS OF GUILT (098)

CONSENT SEARCHES
See Search and Seizure/Consent searches

CONSPIRACY (099)
Also see Hearsay/Statements of co-conspirators; Complicity; Accomplice, Testimony of

CONTEMPT (049)
Also see Nonsupport

Basics
Availability as a sanction for particular conduct
Relationship to other sanctions or proceedings
Use against attorneys
Appropriateness of procedure or finding
Other issues

CONTINUANCES (158)
Also see Speedy Trial; Counsel, Right To

Basics
Technical requirements
Sua sponte continuances
Representation issues
Witness issues
Propriety of ruling

CONTRIBUTING TO THE UNRULINESS OR DELINQUENCY OF A CHILD (151)

COPIES
See Exhibits

CORONERS
See Expert Witnesses and Opinion Testimony/Physicians

CORPORAL PUNISHMENT
See Assault; Domestic Violence

CORPORATIONS AND ORGANIZATIONS
See Criminal Liability/Organizations and corporations

CORPUS DELICTI (065)

Confession cases
Belated prosecution cases

CORRUPTION OF A MINOR
See Sex Offenses

COUNSEL, EFFECTIVE OR INEFFECTIVE ASSISTANCE OF
See Counsel, Right to/Effective or ineffective assistance of counsel

COUNSEL, RIGHT TO (023)
Also see Indigency; Admissions and Confessions; Attorney-Client Relationship

The right to counsel in general
Right to counsel at various stages of investigation and proceedings
Waiver
Juvenile proceedings
Ineffective assistance of counsel, basic principles
Ineffective assistance of counsel, specific instances
Unhappy campers and the right to self-representation

COUNTERFEIT DRUGS
See Drug Offenses/Counterfeit drugs

COURTS (159)
Also see Magistrates; Judgment; Jurisdiction; Mayor's Courts; Evidence. Rules of/Evid. R. 614 - Calling and Interrogation of Witness by Court; Contempt

Powers and duties
Administrative matters
Judicial conduct during proceedings
Closure; Gag orders; News coverage
Disqualification of a judge, procedural issues
Disqualification or recusal necessary
Disqualification or recusal unnecessary
Disciplinary proceedings against a judge

CREDIT FOR TIME SERVED
See Sentencing/Credit for time served

CRIMINAL CHILD ENTICEMENT
See Kidnapping and Related Offenses

CRIMINAL DAMAGING OR ENDANGERING
See Vandalism and Related Offenses

CRIMINAL LIABILITY(152)
Also see Complicity; Statute of Limitations; Culpable Mental States

In general
Organizations and corporations

CRIMINAL MISCHIEF
See Vandalism and Related Offenses

CRIMINAL PROCEDURE, RULES OF (790)
See cross references under individual rules

Criminal Rule 15 -- Deposition (702)
Criminal Rule 21 -- Transfer from Common Pleas Court for Trial
Criminal Rule 22 -- Recording of Proceedings (705)
Criminal Rule 29 -- Motion for Acquittal (701)
Criminal Rule 34 -- Arrest of Judgment (706)
Criminal Rule 49 -- Service and Filing of Papers (708)

CRIMINAL RECORD
See Impeachment/Prior convictions; Discovery; Sentencing

CRIMINAL SIMULATION
See Theft Offenses, Other theft offenses

CRIMINAL TOOLS, POSSESSION OF (091)

In general
Drug cases
Creative indictments

CRIMINAL TRESPASS (014)
Also see Burglary and Related Offenses

CROSS-EXAMINATION (084)
Also see Impeachment; Confrontation; Character Evidence

Basics
Subject matter
In camera inspection of witness statements
Other issues

CRUEL AND UNUSUAL PUNISHMENT (060)

Basics
Specific circumstances - U.S. Supreme Court
Specific circumstances - Ohio cases
Excessive fines

CULPABLE MENTAL STATES (096)
Also see Insanity; Intoxication

In general
Purposely
Knowingly
Recklessly
Negligently
Strict liability

CUSTODY
See Juveniles; Neglect, Dependency and Abuse; Juvenile Procedure

DANGEROUS ORDINANCE
See Weapons Offenses

DEADLY WEAPONS (057)
Also see Firearm Specifications; Weapons Offenses

DEFENDANT, PRESENCE OF (160)
Also see Confrontation; Fifth Amendment

Presence during hearings
Sentencing
Jail clothing
Restraints
Noncriminal cases

DEFENSE OF OTHERS
See Self-Defense

DEFRAUDING A LIVERY OR HOSTELRY
See Theft Offenses/Other theft offenses

DELAYED APPEAL
See Appellate Procedure, Delayed appeals

DELAYED RECONSIDERATION
See Appellate Procedure, Motions for delayed reconsideration

DELINQUENCY
See Juveniles; Contributing to the Unruliness or Delinquency of a Child

DEPENDENT CHILDREN
See Neglected, Dependent and Abused Children

DEPOSITIONS
See Criminal Procedure, Rules of/Crim. R. 15 -- Deposition

DETAINERS
See Speedy Trial/Interstate Compact on Detainers

DIMINISHED CAPACITY
See Insanity

DISABILITY, HAVING WEAPONS UNDER
See Weapons Offenses

DISCIPLINARY PROCEEDINGS
See Ethical Issues and Disciplinary Proceedings; Courts/Disciplinary proceedings against a judge

DISCOVERY (107)
Also see Grand Jury/Discoverability of grand jury testimony; Public Records

Access to witnesses and exhibits in general
Defendant's and codefendant's statements
Documents, reports, physical and mental examinations test results, recordings, photographs and tangible objects
Witness list
In camera inspection of witness statements after testimony
Records
Criminal record of defendant or witness
Grand jury testimony
Evidence favorable to the defendant
Discovery from the defense
Continuing duty to disclose
Control of discovery and protective orders
Sanctions

DISMISSAL (111)
Also see Speedy Trial

DISORDERLY CONDUCT (133)

In general
Conduct
Language
Protest situations

DISQUALIFICATION OF A JUDGE
See Courts

DISQUALIFICATION OF AN ATTORNEY
See Attorney-Client Relationship/Withdrawal from a case or disqualification

DISRUPTING PUBLIC SERVICES
See Vandalism and Related Offenses

DISTURBING A LAWFUL MEETING
See Obstructing Justice and Obstructing Official Business

DIVERSION PROGRAMS (074)

DNA
See Expert Witnesses and Opinion Testimony/DNA

DOCUMENTS
See Discovery; Public Records; Business Records; Exhibits

DOMESTIC VIOLENCE (077)
Also see Assault; Menacing

Arrest, bail and protective orders
Pleading and procedural issues
Trial issues
Defenses
Family or household member
Sufficiency of proof
Sentencing issues
Other issues

DOUBLE JEOPARDY (033)
Also see Allied Offenses of Similar Import; Collateral Estoppel

In general
When jeopardy attaches
Sentencing blunders
Juvenile court cases
Multiple jurisdictions
Cumulative punishment for same or related acts and offenses
Cumulative punishment for same or related acts - civil or quasi-criminal proceedings
Litigation of jeopardy claims and appellate review
Retrial or resentencing following appellate review or as trial de novo

DRIVING UNDER THE INFLUENCE
See OMVI

DRUG COURTS
See Intervention in Lieu of Conviction

DRUG OFFENSES (120)
Also see Search and Seizure; Probation and Community Control/Conditional probation of a drug dependent person; Intervention in lieu of Conviction; Indictments and Complaints; Entrapment; Indigency; Sentencing; Probation and Community Control; Forfeiture; Nuisance Abatement Actions

Drug abuse; Possession
Trafficking in drugs
Counterfeit drugs
Paraphernalia
Other drug offenses
Testing to identify substances
Measurement of quantity
Proof of possession
Merger
Sentencing issues
Other issues

DRUNK DRIVING
See OMVI

DUE PROCESS (109)
Also specific topics which have been the subject matter of due process claims

Due process guarantee under the Ohio Constitution
Arrest and detention
Prosecution and punishment
Trial procedure
Evidentiary matters
Other issues

DURESS (075)
Also see Affirmative Defenses, In General; Battered Woman Syndrome; Entrapment

EIGHTH AMENDMENT
See Cruel and Unusual Punishment; Bail

ELECTRONIC SURVEILLANCE
See Search and Seizure/Electronic Surveillance

ELECTRONICALLY MONITORED HOUSE ARREST
See Computers and Electronic Devices

ELEMENTS OF OFFENSES (031)
Also see individual offenses; Weight of the Evidence; Specifications; Indictments and Complaints

EMERGENCY, AS EXCEPTION TO THE WARRANTS REQUIREMENT
See Search and Seizure, Warrantless Searches/Exigent circumstances

ENDANGERING CHILDREN (115)

Basics
Sufficiency of Proof
Other issues

ENTRAPMENT (076)
Also see Duress

Basics
Proof and trial issues
Outrageous police conduct

ENTRIES
See Judgment

ENVIRONMENTAL VIOLATIONS
See Housing and Environmental Violations

EQUAL PROTECTION (114)
Also see Indigency; Jury Matters; Sentencing; Prosecutors/Powers and duties

ESCAPE (080)
Also see Resisting Arrest

ETHICAL ISSUES AND DISCIPLINARY PROCEEDINGS (067)
Also see Attorney-Client Relationship; Public Defenders and Appointed Counsel; Courts/Disciplinary proceedings against a judge

Procedure
Dishonesty, deception and general sleaziness
Fees and money handling
Other misconduct

ETHNIC INTIMIDATION
See Intimidation

EVIDENCE, RULES OF (690)
See cross references under individual rules

Evidence Rule 101 -- Scope of Rules; Applicability Privileges; Exceptions (604)
Evidence Rule 102 -- Purpose and Construction (605)
Evidence Rule 103 -- Rulings on Evidence (601)
Evidence Rule 104 -- Preliminary Questions (606)
Evidence Rule 105 -- Limited Admissibility (607)
Evidence Rule 106 -- Remainder of or Related Writings or Recorded Statements (608)
Evidence Rule 402 -- Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible (609)
Evidence Rule 403 -- Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion or Waste of Time (611)
Evidence Rule 406 -- Habit; Routine Practice (613)
Evidence Rule 410 -- Inadmissibility of Pleas, Offers of Pleas, and Related Statements (612)
Evidence Rule 411 -- Liability Insurance (614)
Evidence Rule 610 -- Religious Beliefs or Opinions
Evidence Rule 612 -- Writing Used to Refresh Memory (615)
Evidence Rule 614 -- Calling and Interrogation of Witnesses by Court (616)

EX POST FACTO LAWS (113)

EXCITED UTTERANCES
See Hearsay/Excited utterances

EXHIBITS (169)
Also see Photographs; Public Records; Business Records; Due Process/Evidentiary matters; Discovery

Authentication
Copies; Transcriptions; Summaries
Chain of Custody
Other issues

EXCESSIVE FINES
See Cruel and Unusual Punishment

EXCLUSIONARY RULE
See Search and Seizure/The Exclusionary Rule; Arrest

EXPERT WITNESSES AND OPINION TESTIMONY (155)
Also see Privilege; Interpreters
For cases on allocation of funds to hire expert witnesses see Indigency
For cases relating to testing of controlled substances, see Drug Offenses
For cases relating to drunk driving see OMVI

Qualifications; Foundation
Admissibility; Basis and scope of testimony
Impeachment
Testing; Measurement; Reconstruction
Physicians
Psychologists and Psychiatrists
DNA
Lay opinion testimony

EXPLOSIVES
See Weapons Offenses

EXPUNGEMENT (117)

In general
Expungement following conviction, First offense
Expungement following conviction, Excluded offenses
Expungement following conviction, Other issues
Expungement following acquittal or dismissal
Juveniles

EXTORTION (119)

EXTRADITION (118)
Also see Habeas Corpus; Speedy trial/Interstate agreement on detainers

FAILURE TO APPEAR ON A RECOGNIZANCE BOND
See Bail

FALSIFICATION (108)

FELONIOUS ASSAULT
See Assault

FELONIOUS SEXUAL PENETRATION
See Sex Offenses

FIFTH AMENDMENT (088)
Also see Admissions and Confessions; Immunity

Basics
Defendants
Witnesses
Prosecutors comments
Juvenile cases
Documents
Specimens, exemplars and examinations

FINAL APPEALABLE ORDER
See Appellate Review/Final appealable order

FINGERPRINTS (125)

FIREARM SPECIFICATIONS (012)
Also see Weapons Offenses; Carrying Concealed Weapons; Deadly Weapons

Pleading issues
Proof weapon is a firearm
Single or multiple transactions
Sentencing issues
Juveniles
Other issues

FIREARMS IN A MOTOR VEHICLE
See Weapons Offenses

FIRST AMENDMENT (132)
Also see Courts/News coverage

FORFEITURE (042)
Also see Racketeering; Nuisance Abatement Actions

Adherence to procedural requirements
Proportionality; Innocent owners
As related to other proceedings
Criminal forfeiture cases in general
Criminal forfeiture cases - vehicles
Criminal forfeiture cases - money
Criminal forfeiture cases - guns
Criminal forfeiture cases - other property
Civil forfeiture cases

FORGERY (022)
Also see Theft Offenses

GAMBLING (128)

GANGS
See Racketeering

GRAND JURY (154)

In general
Selection
Regularity of proceedings
Discoverability of grand jury testimony

GROSS SEXUAL IMPOSITION
See Sex Offenses

GUARDIAN AD LITEM (207)

GUILTY PLEAS (034)
Also see Plea Bargaining; No Contest Pleas; Sentencing/Failure to provide counsel etc.

Basics
Consequences
Compliance with Criminal Rule 11 - felony cases
Compliance with Criminal Rule 11 - misdemeanor cases
Immigration law consequences
Motion to withdraw guilty plea
Other issues

HABEAS CORPUS (135)
Also see Post-Conviction Relief; Collateral Litigation; Bail/Remedies for excessive bail

Basics
Procedural issues
Claims which may be raised
Juveniles and child custody
Extradition
Parole and Release

HABIT
See Evidence, Rules of/Evid. R. 406

HANDWRITING (126)

HARASSMENT
See Telecommunications Harassment

HAZING
See Assault

HEARSAY (103)
Also see Business Records; Public Records; Admissions and Confessions; Cross-Examination; Impeachment

In general
Statements that are not hearsay
Statements that are inadmissible hearsay
Statements made in the defendant's presence
Statements of co-conspirators
Excited utterances
Hearsay explaining conduct, event or condition
Declarant is unavailable, foundation requirements
Declarant is unavailable, declarations against penal interest
Declarant is unavailable, other circumstances
Statements relating to diagnosis and treatment
Then existing state of mind or physical condition
Prior recollection recorded
Child statements in abuse cases - Evid. R. 807

HOMICIDE OFFENSES (097)
Also see Self-Defense; Arguments of Counsel/Improper Argument by prosecutor; Jury Instructions; Competency to Stand Trial

Culpability
Aiders and abettors
Level of offense; Lesser included offenses
Time and cause of death
Intent
Prior calculation and design
Other proof issues; Defenses
Vehicular homicide
Trial procedure
Juveniles
Instructions
Penalty phase issues
Mitigation
Verdicts
Sentencing issues
Merger
Execution
Other issues

HOSTILE WITNESSES
See Impeachment/Hostile witnesses

HOUSING AND ENVIRONMENTAL VIOLATIONS (302)

HUNG JURY
See Mistrial

HUNTING
See Animals

HUSBAND-WIFE PRIVILEGE
See Privilege/Husband-wife privilege; Competency to Be a Witness/Spouses

HYPNOSIS
See Witnesses

IDENTIFICATION (142)
Also see Fifth Amendment

IGNITION INTERLOCK DEVICES
See Computers and Electronic Devices

IMMIGRATION
Also see Noncitizens

IMMUNITY (112)
Also see Fifth Amendment

IMPEACHMENT (085)
Also see Cross-Examination; Character Evidence; Consciousness of Guilt; Rebuttal; Confrontation; Hearsay; Similar Acts Evidence

In general
Postarrest silence
Collateral matters; Evid. R. 608(B)
Prior statements
Hostile witnesses
Prior convictions in general
Impeachment by prior misdemeanor convictions
Benefit of plea bargain

IMPLIED CONSENT
See OMVI/Implied consent

IMPORTUNING
See Sex Offenses

IMPROPER USE OF THE 911 EMERGENCY SYSTEM
See Obstructing Justice and Obstructing Official Business

IN CAMERA INSPECTION - CRIM. R. 16(b)(1)(G)
See Cross-Examination/In camera inspection of witness statements; Public Records

INCITING TO VIOLENCE
See Rioting

INDICTMENTS AND COMPLAINTS (045)
Also see Bill of Particulars; Specifications; Elements of Offenses

Indictments in general
Indictments, manner of challenging sufficiency or defects
Indictments, amendment
Indictments, date and time issues
Bills of information
Complaints in general
Complaints, amendment
Traffic citations

INDIGENCY (016)
Also see Appellate Review; Counsel, Right to; Public Defenders and Appointed Counsel

Right to appointed counsel
Right to transcripts
Funds for investigation, expert witnesses and related matters
Indigency as related to sentencing
Imprisonment for debt
Proof of indigency; Costs assessment; In forma pauperis rules

INDUCING PANIC (304)

INEFFECTIVE ASSISTANCE OF COUNSEL
See Counsel, Right to/Effective or ineffective assistance; Post-Conviction

INFERENCES
See Presumptions and Inferences

INFORMANTS (110)
Also see Search and Seizure/Probable cause/Informants

Sufficiency of information provided
Reliability; Corroboration
Broadcast and secondhand information
Disclosure of identity
Snitches
Other issues

INFORMATION
See Indictments and Complaints

INNOCENCE (309)

Actual innocence claims
Wrongful imprisonment
Postconviction applications for DNA testing

INSANITY (081)
Also see Competency to Stand Trial

In general
Examinations; Proof; Trial issues
Disposition

INSTRUCTIONS
See Jury Instructions

INTENT
See Culpable Mental States

INTERFERENCE WITH CUSTODY (116)

INTERNET RELATED OFFENSES
See Computers and Electronic Devices; Sex Offenses/Pornography

INTERPRETERS (168)

INTERROGATION
See Admissions and Confessions

INTERSTATE AGREEMENT ON DETAINERS
See Speedy Trial

INTERVENTION IN LIEU OF CONVICTION (048)

INTIMIDATION (163)
Also see Bribery

INTOXICANTS
See Drug Offenses

INTOXICATION, DEFENSE OF (143)

INVENTORY SEARCHES
See Search and Seizure/Automobiles/Inventory searches

INVESTIGATIVE DETENTION (037)
Also see Informants; Search and Seizure; Arrest; Admissions and Confessions

Terry weapons frisks
Terry weapons frisks - vehicle stops
Justification - people
Justification - vehicles
Justification - vehicles - knowledge of officer
Justification - vehicles - erratic driving
Justification - vehicles - occupants
Justification - other property
Duration
Dog cases
Scope
Secondhand and broadcast information
Consensual encounters
Pretext stops
Profile cases
Other issues

INVOLUNTARY MANSLAUGHTER
See Homicide Offenses

JAIL CLOTHING
See Defendant, Presence of

JOINDER AND SEVERANCE (144)

Basics
Joinder of counts
Joinder of defendants
Severance

JUDGES
See Courts

JUDGMENT (061)

Formal requirements
Nunc pro tunc entries
Other issues

JUDICIAL CONDUCT
See Courts - Judicial conduct during proceedings

JUDICIAL NOTICE (102)

JUDICIAL RELEASE (212)

JURISDICTION (140)
Also see Venue; Law Enforcement Officers; Indictments and Complaints

Subject matter jurisdiction
Territorial jurisdiction
Other issues

JURORS
See Competency to Be a Witness/Jurors; Jury Instructions; Jury Matters

JURY INSTRUCTIONS (025)
Also see individual offenses and defenses; Jury Matters; Lesser Included Offenses; Verdicts; Accomplice, Testimony of

Court's obligation to instruct
Requests for specific instructions
Burden of proof; Presumptions
Unanimity
Missing witness instructions; Defendant fails to testify
Further instructions during deliberations
Contemporaneous objection requirement
Appellate review
Other issues

JURY MATTERS (024)
Also see Jury Instructions; Verdicts; Grand Jury; Lesser-Included Offenses

In general
Right to jury trial
Assertion of the right to jury trial
Waiver
Selection of the venire
Voir dire
Challenges for cause
Peremptory challenges - Discriminatory purpose
Peremptory challenges - Other issues
Jury views
Alternate jurors
Deliberations - questions and communication with jurors
Deliberations - other issues
Verdict
Aliunde rule
Jury misconduct; Jury tampering

JUVENILES (127)
Also see Magistrates; Neglected, Dependent and Abused Children; Contributing to the Unruliness or Delinquency of a Child; Endangering Children; Competency to Be a Witness/Children; Specifications

JUVENILE PROCEDURE (205)
Also see Juveniles; Counsel, Right to/Juveniles; Guardian ad litem; Magistrates

Detention and pretrial proceedings; Jurisdiction
Competency and sanity
Right to counsel
Admissions procedure
Adjudicatory hearing issues
Bindover, Procedural issues
Bindover, Determination
Bindover, Subsequent proceedings; Double jeopardy
Disposition and sentencing
Probation, parole and continuing jurisdiction issues
Other issues

KIDNAPPING AND RELATED OFFENSES (145)
Also see Allied Offenses of Similar Import

In general
Lesser included offenses
Merger

KNOWLEDGE
See Culpable Mental States/Knowingly; Consciousness of Guilt

LAW ENFORCEMENT OFFICERS (038)
Also see Arrest; Investigative Detention; Competency to Be a Witness/Police officers

Deadly force
Territorial jurisdiction
Immunity
Other issues

LAW OF THE CASE DOCTRINE
See Appellate Review/Mandate; Law of the case doctrine

LAY OPINION TESTIMONY
See Expert Witnesses and Opinion Testimony/Opinion testimony by lay witnesses

LESSER INCLUDED OFFENSES (026)
Also see individual offenses and defenses; Jury Instructions; Jury Matters; Specifications

LIE DETECTOR TESTS
See Polygraph

LIQUOR AND TOBACCO CONTROL (204)

LITTERING
See Housing and Environmental Violations

MAGISTRATES (017)
Also see Search and Seizure/The requirement of a detached magistrate

In general
Objections and appellate review

MALICIOUS PROSECUTION
See Collateral Litigation/Malicious prosecution

MALPRACTICE
See Attorney-Client Relationship/Malpractice

MANDAMUS (139)
Also see Collateral Litigation

Nature of the writ
Procedural issues
Writ granted
Writ denied

MANSLAUGHTER
See Homicide Offenses

MAYOR'S COURTS (136)

MEDICAL RECORDS
See Business Records

MENACING (124)

In general
Ethnic intimidation
Stalking
Protest situations

MENS REA
See Culpable Mental States

MERGER
See Allied Offenses of Similar Import; Double Jeopardy

MINOR MISDEMEANORS (301)
Also see Arrest; Disorderly Conduct; Traffic Offenses

Detention and arrest; Search and seizure
Speedy trial
Trial issues
Sentencing
Other issues

MINORS
See Juveniles. Also see Neglected, Dependent and Abused Children

MIRANDA ISSUES
See Admissions and Confessions

MISCONDUCT AT AN EMERGENCY
See Obstructing Justice and Obstructing Official Business

MISTRIAL (100)
Also see Double Jeopardy

Basics
Hung juries
Justification
Double jeopardy claims - mistrial declared sua sponte
Double jeopardy claims when the defense has sought a mistrial

MISUSE OF A CREDIT CARD
See Forgery

MISUSE OF THE 9-1-1 SYSTEM
See Obstructing Justice and Obstructing Official Business

MONEY LAUNDERING
See Racketeering

MOOTNESS
See Appellate Review/Mootness

MOTIONS (027)
Also see topics on subject matter of motion; Appellate Review; Criminal Procedure, Rules of/Criminal Rule 29 (motion for judgment of acquittal)

In general
Necessity of filing
Matters which may not be raised by motion
Time requirements
Sufficiency as to content
Adjudication
Appellate issues

MOTIVE (123)

MULTIPLE COUNTS OR SENTENCES
See Allied Offenses of Similar Import; Sentencing

MURDER
See Homicide Offenses

NECESSITY
See Duress

NEGLECTED, DEPENDENT AND ABUSED CHILDREN (166)
Also see Juveniles; Juvenile Procedure; Guardian ad Litem

In general
Neglect
Dependency
Abuse
Jurisdiction
Parties; Intervention
Representation issues
Notice and attendance issues
Guardian ad litem
Evidentiary issues - adjudication
Time constraints
Disposition issues
Planned Permanent Living Arrangements
Permanent commitment - complaints
Permanent commitment - consent or acquiescence
Permanent commitment, procedural issues
Permanent commitment, determination on the merits generally
Permanent commitment - case plan compliance
Permanent commitment - impairment
Permanent commitment - abandonment
Permanent commitment - best interests and maturity issues
Appellate review generally
Appellate review - permanent commitment cases
Further proceedings on remand
Post-adjudication custody motions

NEGLIGENCE
See Culpable Mental States/Negligently

NEGLIGENT ASSAULT
See Assault

NEGLIGENT HOMICIDE
See Homicide Offenses

NEW TRIAL (101)

In general
Procedural issues
Grounds for relief
Newly discovered evidence
Recantation
Relief from Judgment

NEWS COVERAGE
See Courts/News coverage; First Amendment

NO CONTEST PLEAS (064)
Also see Guilty Pleas/Motion to withdraw; Sentencing; Plea Bargaining

Basics
Felony cases
Plea hearings
Misdemeanor and traffic cases
Preservation of issues for appeal
Other issues

NOLLE PROSEQUI
See Dismissal

NONCITIZENS (303)

NONSUPPORT (156)
Also see Contempt; Indigency/Child support and payment of debts generally

Criminal Nonsupport
Contempt and support enforcement actions

NOT GUILTY BY REASON OF INSANITY
See Insanity; Competency to Stand Trial

NUISANCE ABATEMENT ACTIONS (206)

OBJECTIONS
See Magistrates

OBSTRUCTING JUSTICE AND OBSTRUCTING OFFICIAL BUSINESS (146)
Also see Falsification

OCCUPIED STRUCTURE
See Burglary and Related Offenses

OFFER OF PROOF
See Evidence, Rules of/Evid. R. 103; Appellate Review

OFFICIAL REPORTS
See Business Records; Public Records

OHIO CONSTITUTION (203)

OMVI (029)
Also see Traffic Offenses; Investigative Detention

In general
Sobriety checkpoints
Operation
Detention issues
Field sobriety testing
Probable cause for arrest
Implied consent
Administrative license suspensions
Events at the police station
Initial appearance
Motions practice
Test results, Compliance with Dept. of Health Regulations, In general
Test results, Compliance with Dept. of Health Regulations, Supervision by a senior operator
Test results, Compliance with Dept. of Health Regulations, Calibration
Test results, Compliance with Dept. of Health Regulations, Blood tests
Test results, Compliance with Dept. of Health Regulations, Urine tests
Test results, Compliance with Dept. of Health Regulations, Observation requirements
Test results, Compliance with Dept. of Health Regulations, RFI cases
Test results, admissibility of records
Test results, other issues
Driving under the influence of drugs
Sufficiency of proof
Miranda issues
Other trial issues
Sentencing issues, misdemeanor cases
Sentencing issues, felony cases
License suspensions
Forfeiture and other financial issues

OPEN FIELDS DOCTRINE
See Search and Seizure, Warrantless Searches - Plain view

OPINION TESTIMONY
See Expert Witnesses and Opinion Testimony

OTHER ACTS OF WRONGDOING
See Similar Acts

OUTRAGEOUS GOVERNMENT CONDUCT
See Entrapment

OWNERSHIP, PROOF OF (063)

PARAPHERNALIA
See Drug Offenses/Paraphernalia

PARDONS
See Collateral Litigation; Clemency

PAROLE AND POST-RELEASE CONTROL (131)
Also see Sentencing; Habeas Corpus/Parole; Ex Post Facto Laws

Eligibility; Hearings
Conditions upon release; Supervision
Revocation
Post-release control
Other issues

PASSING BAD CHECKS (147)

PATIENT ABUSE AND NEGLECT
See Assault

PEREMPTORY CHALLENGES
See Jury Matters

PERJURY (149)
Also see Falsification; Obstructing Justice and Obstructing Official Business

PERMANENT COMMITMENT
See Neglected, Dependent and Abused Children/Permanent commitment

PHOTOGRAPHS AND RECORDINGS (121)
Also see Exhibits

PHYSICIAN-PATIENT PRIVILEGE
See Privilege/Physician-patient privilege

PLAIN ERROR
See Appellate Review/Plain error, Structural error

PLAIN VIEW
See Search and Seizure/Plain view

PLEA BARGAINING (032)
Also see Guilty Pleas; No Contest Pleas

Basics
Consequences when no agreement is reached
Role of the judge
Enforcement
Failure to fulfill obligations
Other issues

PLEADINGS
See Indictments and Complaints; Bill of Particulars; Motions

PLEAS
See Insanity; Guilty Pleas; No Contest Pleas

POLICE
See Law Enforcement Officers; Competency to Be a Witness/ Police officers

POLL OF JURY
See Verdicts

POLYGRAPH (019)

POSTCONVICTION RELIEF (165)
Also see Habeas Corpus; Counsel, Right to/Effective or ineffective assistance of counsel; Collateral Litigation

Petition; Obligation to conduct a hearing
Procedural issues
Res judicata
Representation
Disposition
Successive petitions; late filing
Other issues

POST-RELEASE CONTROL
See Parole/Post-release control

POVERTY
See Indigency

PRELIMINARY HEARING (141)

PRESENTENCE INVESTIGATION
See Sentencing/Presentence investigation

PRESS COVERAGE
See Courts/News coverage

PRESUMPTION OF INNOCENCE (162)

PRESUMPTIONS AND INFERENCES (148)
Also see Presumption of Innocence

PRIOR CALCULATION AND DESIGN
See Homicide Offenses/Intent, Prior calculation and design

PRISONERS (300)
Also see Parole and Post-Release Control; Collateral Litigation; Clemency

Conditions
Discipline
Other issues

PRIVILEGE (079)
Also see Attorney-Client Relationship/Attorney-client privilege; Witnesses

Husband-wife privilege
Physician-patient privilege
Psychologist-client privilege
Absolute privilege in a judicial proceeding
Miscellaneous

PROBABLE CAUSE
See Arrest; Search and Seizure

PROBATION AND COMMUNITY CONTROL (039)
Also see Sentencing; Restitution; Indigency; Judicial Release

Eligibility
Conditions
Extension; Modification of terms
Conditional probation of a drug dependent person
Revocation, procedure
Revocation, basis
Revocation, adjudicatory hearing issues
Revocation, other issues
Shock probation
Super Shock Probation

PROCEDENDO (307)

PROCURING
See Prostitution

PROFFER
See Evidence, Rules of/Evid. R. 103; Appellate Review

PROHIBITION (138)
Also see Collateral Litigation

Nature of the writ
Writ granted
Writ denied

PROSECUTORS (104)
Also see Plea Bargaining; Arguments of Counsel, Improper argument by prosecutors; Equal Protection; Appellate Review, Appeals by the prosecution; Discovery, Evidence favorable to the defendant

Powers and duties
Prosecutorial misconduct

PROSTITUTION (093)

PROTEST SITUATIONS (219)

PSYCHIATRISTS AND PSYCHOLOGISTS
See Expert Witnesses and Opinion Testimony; Competency ; Insanity; Privilege

PUBLIC DEFENDERS AND APPOINTED COUNSEL (105)
Also see Indigency; Counsel, Right to; Attorney-Client Relationship

PUBLIC INDECENCY
See Sex Offenses

PUBLIC RECORDS (046)
Also see Business Records; Exhibits

Access using the Public Records Act - R.C. 149.43
Access to specific types of records
Admissibility

PUBLIC TRIAL
See Courts

PURPOSE
See Culpable Mental States/Purposely

RACKETEERING (043)
Also see Forfeiture

Basics
Predicate offenses
Sufficiency of proof
Gangs
Other issues

RAPE
See Sex Offenses

RAPE SHIELD LAW
See Sex Offenses/Rape shield law

RAPE TRAUMA SYNDROME
See Sex Offenses/Expert witnesses; Physical and mental examinations

REASONABLE DOUBT (129)
Also see Burden of Proof and Burden of Going Forward

REBUTTAL (086)
Also see Impeachment; Similar Acts Evidence

RECEIVING STOLEN PROPERTY
See Theft Offenses/Receiving stolen property

RECKLESSNESS
See Culpable Mental States/Recklessly

RECOLLECTION REFRESHED
See Evidence, Rules of/Evid. R. 612

RECONSIDERATION
See Criminal Procedure/Rules of/Crim. R. 34

RECORDINGS
See Photographs and Recordings

REFEREES
See Magistrates

RELEVANCY
See Evidence, Rules of/Evid. R. 401, 402, 403

RELIEF FROM JUDGMENT
See New Trial

REPEAT VIOLENT OFFENDERS
See Specifications

REPRIEVES
See Collateral Litigation; Clemency

RES JUDICATA (095)
Also see Collateral Estoppel; Postconviction Relief/Res judicata

RESISTING ARREST (018)
Also see Arrest; Disorderly Conduct

Basics
The right to resist an unlawful arrest
Use of force against a police officer in the course of his duties

RESTITUTION (059)
Also see Probation

RESTRAINTS
See Defendant, Presence of

RETALIATION
See Intimidation

RICO PROSECUTIONS
See Racketeering

RIOTING (217)

ROBBERY (073)
Also see Firearm Specifications

Force; Harm to victim
Weapons
Intent
Other proof issues
Lesser included offenses
Merger
Other issues

SAFECRACKING (130)

SCHOOL SEARCHES
See Search and Seizure/School searches

SEARCH INCIDENT TO ARREST
See Search and Seizure

SEARCH AND SEIZURE
Also see Arrest; Investigative Detention

I. The Fourth Amendment (501)
   A. The right to or expectation of privacy
   B. Search defined
   C. Seizure defined
   D. The reasonableness standard

II. Probable Cause (502)

III. Search Warrants
     A. In General; When Required (509)
     B. Issuance (510)
        (1) The requirement of a detached magistrate
        (2) Sufficiency of information provided
        (3) Form of the warrant
        (4) Description of persons and places to be searched and items to be seized
     C. Execution (504)
        (1) Nighttime searches
        (2) The knock and announce rule
        (3) Scope of search
        (4) Seizure of items not listed in warrant
        (5) Detention and search of persons on the premises
        (6) Inventory and return
     D. Wiretapping and electronic surveillance (505)

IV. Warrantless Searches
     A. Exigent circumstances (511)
     B. Investigative detention (503)
        (1) Stop and frisk
        (2) Luggage and packages
        (3) Vehicles
     C. Search incident to an arrest (512)
        (1) Arrestee's clothing and property in his immediate possession
        (2) Search of the immediate vicinity
            (a) Premises
            (b) Vehicles
        (3) Bodily intrusions
            (a) Strip and body cavity searches
            (b) Specimens and exemplars for forensic purposes
     D. Abandonment (513)
     E. Consent searches (507)
        (1) Authority to give consent
        (2) Voluntariness of consent
        (3) Scope of Consent
     F. Plain view (514)
     G. Automobiles and other movable objects (515)
        (1) In general - expectation of privacy - exigent circumstances
        (2) Packages, luggage and other objects
        (3) Inventory searches
     H. Administrative searches (516)
     I. School searches (517)
     J. Searches by private parties (508)
     K. Border searches (518)

V. The Exclusionary Rule (506)
     A. Origins, justification and general applicability
     B. Constitutional versus statutory rights
     C. Standing
     D. The fruit of the poisonous tree doctrine
     E. Exceptions to the exclusionary rule
        (1) Inevitable discovery
        (2) Good faith
        (3) The independent source doctrine

VI. Suppression Motions and Hearings (519)

VII. Miscellaneous Issues Relating to Search and Seizure (520)

SELECTIVE ENFORCEMENT
See Equal Protection; Prosecutors

SELF-DEFENSE (054)
Also see Assault; Deadly Weapons; Affirmative Defenses, In General; Battered Woman Syndrome

Elements
Duty to retreat
Defendant's state of mind
Defense of another
Jury instructions
Other issues

SENTENCING (040)
Also see Probation and Community Control; Restitution; Cruel and Unusual Punishment; Judgment; Indigency/Indigency as related to sentencing; Double Jeopardy; Plea Bargaining; Expungement; Parole; Allocution; Victims/Victim impact statements; Specifications; Allied Offenses of Similar Import

Basics
Objectives, Assessing the offender and the gravity of the offense
Proportionality
Judicial conduct
Scheduling; continuances
Presentence investigation
Failure to provide counsel or obtain waiver; Use of uncounselled prior convictions to enhance penalty
Fines generally
Mandatory fines
Fines - ability to pay
Court costs
Community service
License suspensions
The right to jury trial on facts related to sentencing
Maximum sentences generally
Maximum sentences, Worst form of the offense
Multiple sentences in general
Consecutive sentences - factual justification
Credit for time served
Postrelease control advisement
Execution of sentence
Sentence appeals generally
Standards for appellate review; Jurisdiction of the court of appeals
Sentencing appeals - other issues
Sentence appeals by the prosecution
Modification; amplification; continuing jurisdiction
Misdemeanor sentence appeals
Corrections; Resentencing
Other issues

SEPARATION OF WITNESSES (041)

SERVICE
See Criminal Procedure, Rules of/Crim. R. 49

SEVERANCE
See Joinder and Severance

SEX OFFENDERS AND SEXUAL PREDATOR LAWS (210)
Also see Child-Victim Oriented Offenses and Offenders

Sexually oriented offenses; Sexually oriented offenders
Habitual sex offenders
Sexual predators, constitutional issues
Sexual predators, procedural issues
Sexual predators, adjudication issues
Sexual predators, other issues
Sexually violent predators
Civil commitment
Reporting violations
Juveniles; Delinquency adjudications
Other issues

SEX OFFENSES (122)
Also see Sex Offenders and Sexual Predator Laws; Prostitution; Kidnapping; Allied Offenses of Similar Import; Lesser Included Offenses

Rape
Rape shield law
Force
Sexual battery
Sexual imposition
Other acts evidence
Expert witnesses; Physical and mental examinations
Other witness and evidentiary issues
Instructions
Lesser included offenses
Merger
Sufficiency of proof; Degree of offense; Penalties
Pornography
Other sex offenses

SEXUAL BATTERY
See Sex Offenses

SEXUAL IMPOSITION
See Sex Offenses

SEXUAL PREDATORS
See Sex Offenders and Sexual Predator Laws

SHOCK PROBATION
See Probation and Community Control

SIGNS
See Investigative Detention; Traffic Offenses

SIMILAR ACTS EVIDENCE (161)
Also see Rebuttal; Impeachment

Basics
Theft, robbery and burglary cases
Homicide, assault and domestic violence
Drug cases
Sex offenses
Other circumstances

SIMULATION
See Theft Offenses, Other theft offenses

SIXTH AMENDMENT
See Speedy Trial; Jurisdiction; Indictments and Complaints; Confrontation; Compulsory Process; Counsel, Right To; Indigency; Jury Matters; Prosecutors/Prosecutorial misconduct

SOLICITING
See Prostitution

SPECIFICATIONS (170)
Also see Elements of Offenses; Firearm Specifications; Homicide Offenses

Pleading issues
Trial issues
Death penalty specifications
Sufficiency of proof
Other issues

SPEEDY TRIAL (030)
Also see Statute of Limitations

The constitutional right to a speedy trial
Preindictment and prearraignment delay
Statutory speedy trial rights in general
Related offenses
Preliminary hearing
Juveniles
When the right to a speedy trial may be asserted
Waiver
Litigation of speedy trial claims
Time calculation
Triple count
Extension of time - continuances
Extension of time - judge unavailable or otherwise occupied
Extension of time - competency and insanity
Extension of time - pending motions
Extension of time - defendant unavailable or absent
Extension of time - other reasons
Inmate's demand for a speedy trial
Interstate Agreement on Detainers
Appeal
Other issues

SPOUSES
See Privilege/Husband-wife privilege; Competency to Be a Witness/Spouses

STALKING
See Menacing

STANDING
See Search and Seizure/The Exclusionary Rule/Standing

STATEMENTS
See Admissions and Confessions; Discovery

STATUTE OF LIMITATIONS (153)
Also see Speedy Trial

Basics
Discovery of corpus delicti
Tolling issues

STATUTORY CONSTRUCTION (092)

Constitutionality
Language and legislative intent
Revision and repeal
General versus specific provisions
May versus shall
Other issues

STIPULATIONS (028)

STOP AND FRISK
See Investigative Detention

STRICT LIABILITY
See Culpable Mental States/Strict liability

STRUCTURAL ERROR
See Appellate Review/Plain error; Structural error

SUBPOENA (216)
Also see Public Records; First Amendment

SUMMONS
See Arrest

SUPPORT OF DEPENDENTS
See Nonsupport

TAMPERING WITH EVIDENCE (218)
Also see Obstructing Justice and Obstructing Official Business

TAMPERING WITH RECORDS (306)

TELECOMMUNICATIONS HARASSMENT (134)

THEFT IN OFFICE
See Theft offenses/Other theft offenses

THEFT OFFENSES (157)
Also see Forgery; Passing Bad Checks; Ownership, Proof of; Allied Offenses of Similar Import; Lesser Included Offenses

In general
Valuation; Number of separate offenses
Petty theft and grand theft
Receiving stolen property
Unauthorized use of a vehicle or property
Benefit fraud
Theft in office
Other theft offenses
Merger

TICKETS
See Indictments and Complaints

TIME (214)

TRAFFIC OFFENSES (200)

In general
License suspensions and violations
Registration and license plates
Reckless operation and related offenses
Speeding
Traffic control
Equipment violations
Other offenses

TRAFFICKING IN DRUGS
See Drug Offenses

TREATMENT IN LIEU OF CONVICTION
See Intervention in Lieu of Conviction

UNAUTHORIZED USE OF A VEHICLE
See Theft Offenses/Unauthorized use of a vehicle or property

UNAUTHORIZED USE OF PROPERTY
See Theft Offenses/Unauthorized use of a vehicle or property

UNLAWFUL INTEREST IN A PUBLIC CONTRACT
See Theft/Theft in office

UNLAWFUL RESTRAINT
See Kidnapping and Related Offenses

UNRULINESS
See Juveniles; Contributing to the Unruliness or Delinquency of a Child

VALUATION
See Theft Offenses/Valuation; Number of separate offenses

VANDALISM AND RELATED OFFENSES (150)

VEHICULAR ASSAULT
See Assault/Vehicular assault

VEHICULAR HOMICIDE
See Homicide Offenses/Vehicular homicide

VENUE (044)
Also see Jurisdiction