State v. Colon

Ohio Supreme Court

State v. Colon

862 N.E.2d 115, 112 Ohio St. 3d 1487

Ohio Supreme Court·Decided February 28, 2007·No. 2006-2139·Published

Opinion

Cuyahoga App. No. 87499, 2006-Ohio-5335. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 1 of the court of appeals’ Journal Entry filed November 2, 2006:

“Where an indictment fails to charge the mens rea element of the crime, and the defendant fails to raise that issue in the trial court, has the defendant waived the defect in the indictment?”

O’Connor and Lanzinger, JJ., dissent. Cupp, J., not participating.

The conflict cases are State v. Shugars, 165 Ohio App.3d 379, 2006-Ohio-718, and State v. Daniels, Putnam App. No. 12-03-12, 2004-Ohio-2063.

Sua sponte, cause consolidated with 2006-2250, State v. Colon, Cuyahoga App. No. 87499, 2006-Ohio-5335.

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Cuyahoga App. No. 87499, 2006-Ohio-5335. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 1 of the court of appeals’ Journal Entry filed November 2, 2006:

“Where an indictment fails to charge the mens rea element of the crime, and the defendant fails to raise that issue in the trial court, has the defendant waived the defect in the indictment?”

O’Connor and Lanzinger, JJ., dissent. Cupp, J., not participating.

The conflict cases are State v. Shugars, 165 Ohio App.3d 379, 2006-Ohio-718, and State v. Daniels, Putnam App. No. 12-03-12, 2004-Ohio-2063.

Sua sponte, cause consolidated with 2006-2250, State v. Colon, Cuyahoga App. No. 87499, 2006-Ohio-5335.

State v. Colon, 862 N.E.2d 115, 112 Ohio St. 3d 1487 (Ohio 2007).

Pincite

862 N.E.2d 115 (State v. Colon) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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