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FOR
IMMEDIATE RELEASE
March
24, 2004
Supreme
Court denies A.G. motion to participate
in oral arguments
(Columbus)—The Supreme Court of Ohio today denied a
motion from the Ohio Attorney General’s office to participate in
and/or be present at oral arguments for the case State vs.
McKnight, a capital murder case out of Vinton County.
The Court also denied the A.G.’s motion to strike the brief
filed by the Office of the Ohio Public Defender.
The McKnight case attracted national attention after the trial
judge initially dismissed the death penalty specifications on the
grounds that the county could not afford the expenses associated
with a capital murder trial. Those specifications were later
reinstated and the Ohio Attorney General’s office acted as
special prosecutor during the trial to help lower the county’s
costs.
The A.G.’s answer brief in the McKnight case was due to the
Supreme Court Jan. 22. Late in the afternoon of that day, the A.G.’s
office filed for a one-day extension to file their brief; the
Office of the Ohio Public Defender acquiesced. The Court rejected
the A.G.’s request the following day.
On Jan. 26, the A.G.’s office filed two motions: one to
strike the brief filed by the Office of the Ohio Public Defender,
arguing that OPD’s brief did not conform to technical rules; and
one to participate in and/or be present at oral arguments.
Had the Court granted the motion to strike OPD’s brief, OPD
would have had to file a new brief, which would have allowed the
A.G.’s office to file a brief in response. A party must have a
brief filed with the Court in order to participate in oral
arguments.
Today, the Court denied both of the motions filed by the A.G.’s
office Jan. 26. Because of this ruling, when the McKnight case is
heard before the Supreme Court of Ohio, the Office of the Ohio
Public Defender will argue on behalf of Mr. McKnight, but the
State will not be allowed to participate in the oral arguments.
FOR MORE INFORMATION:
Amy Borror, Office of
the Ohio Public Defender 614-644-1587
Email: amy.borror@opd.state.oh.us
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