State v. Hamilton

Ohio Supreme Court

State v. Hamilton

919 N.E.2d 213, 124 Ohio St. 3d 1413

Procedural entryThis page is a short order in State v. Hamilton. Read the opinion of the Court — 127 Ohio St. 3d 120 →

Ohio Supreme Court·Decided December 30, 2009·No. 2009-1958·Published

Opinion

Montgomery App. No. 22895, 2009-Ohio-4602. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 3 of the court of appeals’ Decision and Entry filed October 18, 2009:

“May an indictment which does not contain all the elements of an offense be amended to include an [1414]*1414omitted mens rea element that was not presented to the grand jury?”

The conflict case is State v. Rice, Hamilton App. No. C-080444, 2009-Ohio-1080.

Sua sponte, cause consolidated with 2009-1878, State v. Hamilton, Montgomery App. No. 22895, 2009-Ohio-4602.

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Montgomery App. No. 22895, 2009-Ohio-4602. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 3 of the court of appeals’ Decision and Entry filed October 18, 2009:

“May an indictment which does not contain all the elements of an offense be amended to include an [1414]*1414omitted mens rea element that was not presented to the grand jury?”

The conflict case is State v. Rice, Hamilton App. No. C-080444, 2009-Ohio-1080.

Sua sponte, cause consolidated with 2009-1878, State v. Hamilton, Montgomery App. No. 22895, 2009-Ohio-4602.

State v. Hamilton, 919 N.E.2d 213, 124 Ohio St. 3d 1413 (Ohio 2009).

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Opinion

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