reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.43 | Request for a Final Disposition on Pending Charges by Prisoner - Disposition Following Trial.

Effective:
October 6, 1994
Latest Legislation:
House Bill 571 - 120th General Assembly
If the convict referred to in section 2941.40 of the Revised Code is acquitted, he shall forthwith returned by the sheriff to the state correctional institution to serve out the remainder of his sentence. If he is sentenced to imprisonment in a state correctional institution, he shall be returned to the state correctional institution by the sheriff to serve his new term. If he is sentenced to death, the death sentence shall be executed as if he were not under sentence of imprisonment in a state correctional institution.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.44 | Arrest of Escaped Convict - Expense of Return.

Effective:
October 6, 1994
Latest Legislation:
House Bill 571 - 120th General Assembly
Sheriffs, deputy sheriffs, marshals, deputy marshals, watchmen, police officers, and coroners may arrest a convict escaping from a state correctional institution and forthwith convey him to the institution and and deliver him to the warden of the institution. They shall be allowed ten cents per mile going to and returning from the institution and additional compensation that the warden finds reasonable for the necessary expense incurred.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.45 | Trial of Person Serving Workhouse Sentence.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any person serving a sentence in jail or the workhouse, who is indicted or informed against for another offense, may be brought before the court of common pleas upon warrant for that purpose, for arraignment and trial. Such person shall remain in the custody of the jailer or keeper of the workhouse, but may be temporarily confined in the jail, if a prisoner in the workhouse.
If such prisoner is convicted and sentenced upon trial, he shall be returned to the jail or workhouse to serve out the former sentence before the subsequent sentence is executed.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.46 | Arrest for Violations of Conditional Pardon or Parole.

Effective:
October 6, 1994
Latest Legislation:
House Bill 571 - 120th General Assembly
(A) If a convict has been conditionally pardoned or a prisoner has been paroled from any state correctional institution, any peace officer may arrest the convict or prisoner without a warrant if the peace officer has reasonable ground to believe that the convict or prisoner has violated or is violating any rule governing the conduct of paroled prisoners prescribed by the adult parole authority or any of the following that is a condition of his pardon or parole:
(1) A condition that prohibits his ownership, posession, or use of a firearm, deadly weapon, ammunition, or dangerous ordnance;
(2) A condition that prohibits him from being within a specified structure or geographic area;
(3) A condition that confines him to a residence, facility, or other structure;
(4) A condition that prohibits him from contacting or communicating with any specified individual;
(5) A condition that prohibits him from associating with a specified individual.
(B) Upon making an arrest under this section, the arresting peace officer or his department or agency promptly shall notify the authority that the convict or prisoner has been arrested.
(C) Nothing in this section limits, or shall be construed to limit, the powers of arrest granted to certain law enforcement officers and citizens under sections 2935.03 and 2935.04 of the Revised Code.
(D) As used in this section:
(1) "State correctional institution," "pardon," "parole," "convict," and "prisoner" have the same meanings as in section 2967.01 of the Revised Code.
(2) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(3) "Firearm," "deadly weapon," and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.47 | Summons on Informations and Indictments Against Corporations.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When an indictment is returned or information filed against a corporation, a summons commanding the sheriff to notify the accused thereof, returnable on the seventh day after its date, shall issue on praecipe of the prosecuting attorney. Such summons with a copy of the indictment shall be served and returned in the manner provided for service of summons upon corporations in civil actions. If the service cannot be made in the county where the prosecution began, the sheriff may make service in any other county of the state, upon the president, secretary, superintendent, clerk, treasurer, cashier, managing agent, or other chief officer thereof, or by leaving a copy at a general or branch office or usual place of doing business of such corporation, with the person having charge thereof. Such corporation shall appear by one of its officers or by counsel on or before the return day of the summons served and answer to the indictment or information by motion, demurrer, or plea, and upon failure to make such appearance and answer, the clerk of the court of common pleas shall enter a plea of "not guilty." Upon such appearance being made or plea entered, the corporation is before the court until the case is finally disposed of. On said indictment or information no warrant of arrest may issue except for individuals who may be included in such indictment or information.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.48 | Recognizance of Witnesses for Appearance at Trial.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In any case pending in the court of common pleas, the court, either before or after indictment, may require any witness designated by the prosecuting attorney to enter into a recognizance, with or without surety, in such sum as the court thinks proper for his appearance to testify in such cause. A witness failing or refusing to comply with such order shall be committed to the county jail until he gives his testimony in such case or is ordered discharged by the court. If a witness is committed to jail upon order of court for want of such recognizance, he shall be paid while so confined like fees as are allowed witnesses by section 2335.08 of the Revised Code. The trial of such case has precedence over other cases and the court shall designate any early day for such trial.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.49 | Service of Indictments.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Within three days after the filing of an indictment for felony and in every other case when requested, the clerk of the court of common pleas shall make and deliver to the sheriff, defendant, or the defendant's counsel, a copy of such indictment. The sheriff, on receiving such copy, shall serve it on the defendant. A defendant, without his assent, shall not be arraigned or called on to answer to an indictment until one day has elapsed after receiving or having an opportunity to receive in person or by counsel, a copy of such indictment.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.53 | Methods of Excepting an Indictment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An accused may except to an indictment by:
(A) A motion to quash;
(B) A plea in abatement;
(C) A demurrer.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.54 | Motion to Quash Indictment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A motion to quash may be made when there is a defect apparent upon the face of the record, within the meaning of sections 2941.02 to 2941.35, inclusive, of the Revised Code, including defects in the form of indictment and in the manner in which an offense is charged.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.55 | Plea in Abatement to Indictment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Plea in abatement may be made when there is a defect in the record shown by facts extrinsic thereto.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.56 | Fail to Indict in True Name.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the accused pleads in abatement that he is not indicted by his true name, he must plead his true name which shall be entered on the minutes of the court. After such entry, the trial and proceedings on the indictment shall be had against him by that name, referring also to the name by which he is indicted, as if he had been indicted by his true name.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.57 | Demurrer.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The accused may demur:
(A) When the facts stated in the indictment do not constitute an offense punishable by the laws of this state;
(B) When the intent is not alleged and proof thereof is necessary to make out the offense charged;
(C) When it appears on the face of the indictment that the offense charged is not within the jurisdiction of the court.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.58 | Resubmission to Grand Jury.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a motion to quash or a plea in abatement is adjudged in favor of the accused, the trial court may order the case to be resubmitted to the grand jury, if then pending, or to the next succeeding grand jury. The accused then may be committed to jail or held to bail in such sum as the trial court requires for his appearance to answer at a time to be fixed by the court.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.59 | Waiver of Defects Which May Be Excepted To.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The accused waives all defects which may be expected to by a motion to quash or a plea in abatement, by demurring to an indictment, or by pleading in bar or the general issue.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.60 | Prosecuting Attorney May Demur to Plea in Abatement.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The prosecuting attorney may demur to a plea in abatement if it is not sufficient in substance, or he may reply, setting forth any facts which may show there is no defect in the record as charged in the plea.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.61 | Overruling Demurrer to Plea in Abatement.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
After a demurrer to an indictment is overruled, the accused may plead under section 2943.03 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.62 | Immediate Hearing on Motions to Quash, Pleas in Abatement, and Demurrers.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Motions to quash, pleas in abatement, and demurrers shall be heard immediately upon their filing, unless the trial court, for good cause shown, sets another time for such hearing.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2941 | Indictment › Section 2941.63 | Appointment of Counsel to Assist Prosecutor When Public Interest Requires It.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The court of common pleas, or the court of appeals, whenever it is of the opinion that the public interest requires it, may appoint an attorney to assist the prosecuting attorney in the trial of a case pending in such court. The board of county commissioners shall pay said assistant to the prosecuting attorney such compensation for his services as the court approves.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2943 | Arraignment; Pleas › Section 2943.01 | Arraignment and Plea Definitions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The definition of "magistrate" set forth in section 2931.01 of the Revised Code applies to Chapter 2943. of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2943 | Arraignment; Pleas › Section 2943.02 | Arraignment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An accused person shall be arraigned by the clerk of the court of common pleas, or his deputy, reading the indictment or information to the accused, unless the accused or his attorney waives the reading thereof. He shall then be asked to plead thereto. Arraignment shall be made immediately after the disposition of exceptions to the indictment, if any are filed, or, if no exceptions are filed, after reasonable opportunity has been given the accused to file such exceptions.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2943 | Arraignment; Pleas › Section 2943.03 | Pleas to Indictment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Pleas to an indictment or information are:
(A) Guilty;
(B) Not guilty;
(C) A former judgment of conviction or acquittal of the offense;
(D) Once in jeopardy;
(E) Not guilty by reason of insanity.
A defendant who does not plead guilty may enter one or more of the other pleas. A defendant who does not plead not guilty by reason of insanity is conclusively presumed to have been sane at the time of the commission of the offense charged. The court may, for good cause shown, allow a change of plea at any time before the commencement of the trial.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2943 | Arraignment; Pleas › Section 2943.031 | Court to Advise Defendant as to Possible Deportation, Exclusion or Denial of Naturalization Upon Guilty or No Contest Plea.

Effective:
October 2, 1989
Latest Legislation:
Senate Bill 95 - 118th General Assembly
(A) Except as provided in division (B) of this section, prior to accepting a plea of guilty or a plea of no contest to an indictment, information, or complaint charging a felony or a misdemeanor other than a minor misdemeanor if the defendant previously has not been convicted of or pleaded guilty to a minor misdemeanor, the court shall address the defendant personally, provide the following advisement to the defendant that shall be entered in the record of the court, and determine that the defendant understands the advisement:
"If you are not a citizen of the United States, you are hereby advised that conviction of the offense to which you are pleading guilty (or no contest, when applicable) may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States."
Upon request of the defendant, the court shall allow him additional time to consider the appropriateness of the plea in light of the advisement described in this division.
(B) The court is not required to give the advisement described in division (A) of this section if either of the following applies:
(1) The defendant enters a plea of guilty on a written form, the form includes a question asking whether the defendant is a citizen of the United States, and the defendant answers that question in the affirmative;
(2) The defendant states orally on the record that he is a citizen of the United States.
(C) Except as provided in division (B) of this section, the defendant shall not be required at the time of entering a plea to disclose to the court his legal status in the United States.
(D) Upon motion of the defendant, the court shall set aside the judgment and permit the defendant to withdraw a plea of guilty or no contest and enter a plea of not guilty or not guilty by reason of insanity, if, after the effective date of this section, the court fails to provide the defendant the advisement described in division (A) of this section, the advisement is required by that division, and the defendant shows that he is not a citizen of the United States and that the conviction of the offense to which he pleaded guilty or no contest may result in his being subject to deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.
(E) In the absence of a record that the court provided the advisement described in division (A) of this section and if the advisement is required by that division, the defendant shall be presumed not to have received the advisement.
(F) Nothing in this section shall be construed as preventing a court, in the sound exercise of its discretion pursuant to Criminal Rule 32.1, from setting aside the judgment of conviction and permitting a defendant to withdraw his plea.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2943 | Arraignment; Pleas › Section 2943.032 | Court to Advise Defendant as to Possible Extension of Prison Term.

Effective:
March 22, 2019
Latest Legislation:
Senate Bill 201 - 132nd General Assembly
(A) Prior to accepting a guilty plea or a plea of no contest to an indictment, information, or complaint that charges a felony, the court shall inform the defendant personally that, if the defendant pleads guilty or no contest to the felony so charged or any other felony, if the court imposes a prison term upon the defendant for the felony, and if the offender violates the conditions of a post-release control sanction imposed by the parole board upon the completion of the stated prison term, the parole board may impose upon the offender a residential sanction that includes a new prison term of up to nine months, subject to a maximum cumulative prison term for all violations that does not exceed one-half of the definite prison term that is the stated prison term originally imposed upon the offender or, with respect to a non-life felony indefinite prison term, one-half of the minimum prison term included as part of the stated non-life felony indefinite prison term originally imposed on the offender.
(B) As used in this section, "non-life felony indefinite prison term" has the same meaning as in section 2929.01 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2943 | Arraignment; Pleas › Section 2943.033 | Court to Advise Defendant of Possible Firearm Restrictions.

Effective:
June 24, 2008
Latest Legislation:
House Bill 562 - 127th General Assembly
(A) As used in this section, "person living as a spouse" means a person who is living or has lived with the defendant in a common law marital relationship, who otherwise is cohabiting with the defendant, or who otherwise has cohabited with the defendant within five years prior to the date of the alleged commission of the act in question.
(B) The notice required under division (C) of this section shall be provided to a defendant when the alleged victim is any of the following:
(1) A spouse, person living as a spouse, or former spouse of the defendant;
(2) A parent or child of the defendant;
(3) A parent or child of a spouse, person living as a spouse, or former spouse of the defendant;
(4) The natural parent of any child of whom the defendant is the other natural or putative natural parent.
(C) Prior to accepting a guilty plea or plea of no contest to an indictment, information, or complaint that charges a person with a misdemeanor offense of violence, the court shall inform the defendant either personally or in writing that under 18 U.S.C. 922(g)(9) it may be unlawful for the person to ship, transport, purchase, or possess a firearm or ammunition as a result of any conviction for a misdemeanor offense of violence. The plea may not be vacated based on a failure to inform the person so charged regarding the restrictions under 18 U.S.C. 922(g)(9).
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2943 | Arraignment; Pleas › Section 2943.04 | Form of Plea.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Pleas of guilty or not guilty may be oral. Pleas in all other cases shall be in writing, subscribed by the defendant or his counsel, and shall immediately be entered upon the minutes of the court.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2943 | Arraignment; Pleas › Section 2943.05 | Form of Plea of Former Conviction.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a defendant pleads that he has had former judgment of conviction or acquittal, or has been once in jeopardy, he must set forth in his plea the court, time, and place of such conviction, acquittal, or jeopardy. No claim of former judgment of conviction or acquittal, or jeopardy may be given in evidence under the plea of not guilty.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2943 | Arraignment; Pleas › Section 2943.06 | Trial of Issue on Plea of Former Conviction.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a defendant pleads a judgment of conviction, acquittal, or former jeopardy, the prosecuting attorney may reply that there is no such conviction, acquittal, or jeopardy. The issue thus made shall be tried to a jury, and on such trial the defendant must produce the record of such conviction, acquittal, or jeopardy, and prove that he is the person charged in such record, and he may also introduce other evidence to establish the identity of such offense. If the prosecuting attorney demurs to said plea and said demurrer is overruled, the prosecuting attorney may then reply to said plea.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2943 | Arraignment; Pleas › Section 2943.07 | What Is Not Former Acquittal.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a defendant was formerly acquitted on the ground of variance between the indictment or information and the proof, or if the indictment or information was dismissed, without a judgment of acquittal, upon an objection to its form or substance, or in order to hold the defendant for a higher offense, it is not an acquittal of the same offense.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2943 | Arraignment; Pleas › Section 2943.08 | What Is Former Acquittal.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whenever a defendant is acquitted on the merits, he is acquitted of the same offense, notwithstanding any defect in form or substance in the indictment or information on which the trial was had.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2943 | Arraignment; Pleas › Section 2943.09 | Conviction or Acquittal of a Higher Offense.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a defendant has been convicted or acquitted, or has been once in jeopardy upon an indictment or information, the conviction, acquittal, or jeopardy is a bar to another indictment or information for the offense charged in the former indictment or information, or for an attempt to commit the same offense, or for an offense necessarily included therein, of which he might have been convicted under the former indictment or information.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2943 | Arraignment; Pleas › Section 2943.10 | Proceedings After Verdict on Plea in Bar.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the issue on the plea in bar under section 2943.06 of the Revised Code is found for the defendant he shall be discharged. If the issue is found against the defendant the case shall proceed and be disposed of upon his other pleas.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.01 | Trial Definitions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The definition of "magistrate" set forth in section 2931.01 of the Revised Code applies to Chapter 2945. of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.02 | Setting and Continuing Cases.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The court of common pleas shall set all criminal cases for trial for a day not later than thirty days after the date of entry of the plea of the defendant. No continuance of the trial shall be granted except upon affirmative proof in open court, upon reasonable notice, that the ends of justice require a continuance.
No continuance shall be granted for any other time than it is affirmatively proved the ends of justice require.
Whenever any continuance is granted, the court shall enter on the journal the reason for the same.
Criminal cases shall be given precedence over civil matters and proceedings. The failure of the court to set such criminal cases for trial, as required by this section, does not operate as an acquittal, but upon notice of such failure or upon motion of the prosecuting attorney or a defendant, such case shall forthwith be set for trial within a reasonable time, not exceeding thirty days thereafter.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.03 | Control of Trial.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The judge of the trial court shall control all proceedings during a criminal trial, and shall limit the introduction of evidence and the argument of counsel to relevant and material matters with a view to expeditious and effective ascertainment of the truth regarding the matters in issue.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.05 | Defendant May Waive Jury Trial.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In all criminal cases pending in courts of record in this state, the defendant may waive a trial by jury and be tried by the court without a jury. Such waiver by a defendant, shall be in writing, signed by the defendant, and filed in said cause and made a part of the record thereof. It shall be entitled in the court and cause, and in substance as follows: "I _______________, defendant in the above cause, hereby voluntarily waive and relinquish my right to a trial by jury, and elect to be tried by a Judge of the Court in which the said cause may be pending. I fully understand that under the laws of this state, I have a constitutional right to a trial by jury."
Such waiver of trial by jury must be made in open court after the defendant has been arraigned and has had opportunity to consult with counsel. Such waiver may be withdrawn by the defendant at any time before the commencement of the trial.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.06 | Procedure for Trial by Court.

Effective:
October 19, 1981
Latest Legislation:
Senate Bill 1 - 114th General Assembly
In any case in which a defendant waives his right to trial by jury and elects to be tried by the court under section 2945.05 of the Revised Code, any judge of the court in which the cause is pending shall proceed to hear, try, and determine the cause in accordance with the rules and in like manner as if the cause were being tried before a jury. If the accused is charged with an offense punishable with death, he shall be tried by a court to be composed of three judges, consisting of the judge presiding at the time in the trial of criminal cases and two other judges to be designated by the presiding judge or chief justice of that court, and in case there is neither a presiding judge nor a chief justice, by the chief justice of the supreme court. The judges or a majority of them may decide all questions of fact and law arising upon the trial; however the accused shall not be found guilty or not guilty of any offense unless the judges unanimously find the accused guilty or not guilty. If the accused pleads guilty of aggravated murder, a court composed of three judges shall examine the witnesses, determine whether the accused is guilty of aggravated murder or any other offense, and pronounce sentence accordingly. The court shall follow the procedures contained in sections 2929.03 and 2929.04 of the Revised Code in all cases in which the accused is charged with an offense punishable by death. If in the composition of the court it is necessary that a judge from another county be assigned by the chief justice, the judge from another county shall be compensated for his services as provided by section 141.07 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.08 | Prosecution in Wrong County - Proceeding.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If it appears, on the trial of a criminal cause, that the offense was committed within the exclusive jurisdiction of another county of this state, the court must direct the defendant to be committed to await a warrant from the proper county for his arrest, but if the offense is a bailable offense the court may admit the defendant to bail with sufficient sureties conditioned, that he will, within such time as the court appoints, render himself amenable to a warrant for his arrest from the proper county, and if not sooner arrested thereon, will appear in court at the time fixed to surrender himself upon the warrant.
The clerk of the court of common pleas shall forthwith notify the prosecuting attorney of the county in which such offense was committed, in order that proper proceedings may be had in the case. A defendant in such case shall not be committed nor held under bond for a period of more than ten days.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.09 | Grounds for Objection.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
In the trial of any criminal case, the grounds of an objection to any ruling or action of the court shall be stated if required by the court.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.10 | Order of Proceedings of Trial.

Effective:
March 23, 2015
Latest Legislation:
House Bill 663 - 130th General Assembly
The trial of an issue upon an indictment or information shall proceed before the trial court or jury as follows:
(A) Counsel for the state must first state the case for the prosecution, and may briefly state the evidence by which the counsel for the state expects to sustain it.
(B) The defendant or the defendant's counsel must then state the defense, and may briefly state the evidence which the defendant or the defendant's counsel expects to offer in support of it.
(C) The state must first produce its evidence and the defendant shall then produce the defendant's evidence.
(D) The state will then be confined to rebutting evidence, but the court, for good reason, in furtherance of justice, may permit evidence to be offered by either side out of its order.
(E) When the evidence is concluded, one of the following applies regarding jury instructions:
(1) In a capital case that is being heard by a jury, the court shall prepare written instructions to the jury on the points of law, shall provide copies of the written instructions to the jury before orally instructing the jury, and shall permit the jury to retain and consult the instructions during the court's presentation of the oral instructions and during the jury's deliberations.
(2) In a case that is not a capital case, either party may request instructions to the jury on the points of law, which instructions shall be reduced to writing if either party requests it.
(F) When the evidence is concluded, unless the case is submitted without argument, the counsel for the state shall commence, the defendant or the defendant's counsel follow, and the counsel for the state conclude the argument to the jury.
(G) The court, after the argument is concluded and before proceeding with other business, shall forthwith charge the jury. Such charge shall be reduced to writing by the court if either party requests it before the argument to the jury is commenced. Such charge, or other charge or instruction provided for in this section, when so written and given, shall not be orally qualified, modified, or explained to the jury by the court. Written charges and instructions shall be taken by the jury in their retirement and returned with their verdict into court and remain on file with the papers of the case.
The court may deviate from the order of proceedings listed in this section.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.11 | Charge to the Jury as to Law and Fact.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In charging the jury, the court must state to it all matters of law necessary for the information of the jury in giving its verdict. The court must also inform the jury that the jury is the exclusive judge of all questions of fact. The court must state to the jury that in determining the question of guilt, it must not consider the punishment but that punishment rests with the judge except in cases of murder in the first degree or burglary of an inhabited dwelling.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.12 | When Accused May Be Tried in His Absence.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person indicted for a misdemeanor, upon request in writing subscribed by him and entered in the journal, may be tried in his absence by a jury or by the court. No other person shall be tried unless personally present, but if a person indicted escapes or forfeits his recognizance after the jury is sworn, the trial shall proceed and the verdict be received and recorded. If the offense charged is a misdemeanor, judgment and sentence shall be pronounced as if he were personally present. If the offense charged is a felony, the case shall be continued until the accused appears in court, or is retaken.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.13 | Joint Trials in Felony Cases.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When two or more persons are jointly indicted for a felony, except a capital offense, they shall be tried jointly unless the court, for good cause shown on application therefor by the prosecuting attorney or one or more of said defendants, orders one or more of said defendants to be tried separately.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.14 | Mistake in Charging Offense.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If it appears during the trial and before submission to the jury or court, that a mistake has been made in charging the proper offense in the indictment or information, the court may order a discontinuance of trial without prejudice to the prosecution. The accused, if there is good cause to detain him, may be recognized to appear at the same or next succeeding term of court, or in default thereof committed to jail. In such case the court shall recognize the witnesses for the state to appear at the same time and testify.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.15 | Discharge of Defendant.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When two or more persons are tried jointly, before any of the accused has gone into his defense the trial court may direct one or more of such accused to be discharged that he may be a witness for the state.
An accused person, when there is not sufficient evidence to put him upon his defense, may be discharged by the court, but if not so discharged, shall be entitled to the immediate verdict of the jury in his favor. Such order of discharge, in either case, is a bar to another prosecution for the same offense.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.16 | View of the Premises - Expenses of View.

Effective:
September 11, 1961
Latest Legislation:
House Bill 213 - 104th General Assembly
When it is proper for the jurors to have a view of the place at which a material fact occurred, the trial court may order them to be conducted in a body, under the charge of the sheriff or other officer, to such place, which shall be shown to them by a person designated by the court. While the jurors are absent on such view no person other than such officer and such person so appointed, shall speak to them on any subject connected with the trial. The accused has the right to attend such view by the jury, but may waive this right.
The expense of such view as approved by the court shall be taxed as other costs in the case.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.17 | Right to Jury Trial.

Effective:
January 1, 2004
Latest Legislation:
House Bill 490 - 124th General Assembly
(A) At any trial, in any court, for the violation of any statute of this state, or of any ordinance of any municipal corporation, except as provided in divisions (B) and (C) of this section, the accused has the right to be tried by a jury.
(B) The right to be tried by a jury that is granted under division (A) of this section does not apply to a violation of a statute or ordinance that is any of the following:
(1) A violation that is a minor misdemeanor;
(2) A violation for which the potential penalty does not include the possibility of a prison term or jail term and for which the possible fine does not exceed one thousand dollars.
(C) Division (A) of this section does not apply to, and there is no right to a jury trial for, a person who is the subject of a complaint filed under section 2151.27 of the Revised Code against both a child and the parent, guardian, or other person having care of the child.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.20 | Separate Trial for Capital Offense.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When two or more persons are jointly indicted for a capital offense, each of such persons shall be tried separately. The court, for good cause shown on application therefor by the prosecuting attorney or one or more of the defendants, may order said defendants to be tried jointly.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.21 | Peremptory Challenges.

Effective:
October 19, 1981
Latest Legislation:
Senate Bill 1 - 114th General Assembly
(A)(1) In criminal cases in which there is only one defendant, each party, in addition to the challenges for cause authorized by law, may peremptorily challenge three of the jurors in misdemeanor cases and four of the jurors in felony cases other than capital cases. If there is more than one defendant, each defendant may peremptorily challenge the same number of jurors as if he were the sole defendant.
(2) Notwithstanding Criminal Rule 24, in capital cases in which there is only one defendant, each party, in addition to the challenges for cause authorized by law, may peremptorily challenge twelve of the jurors. If there is more than one defendant, each defendant may peremptorily challenge the same number of jurors as if he were the sole defendant.
(3) In any case in which there are multiple defendants, the prosecuting attorney may peremptorily challenge a number of jurors equal to the total number of peremptory challenges allowed to all of the defendants.
(B) If any indictments, informations, or complaints are consolidated for trial, the consolidated cases shall be considered, for purposes of exercising peremptory challenges, as though the defendants or offenses had been joined in the same indictment, information, or complaint.
(C) The exercise of peremptory challenges authorized by this section shall be in accordance with the procedures of Criminal Rule 24.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.23 | When Peremptory Challenges Required.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Except by agreement, neither the state nor the defendant shall be required to exercise any peremptory challenge until twelve jurors have been passed for cause and are in the panel.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.26 | Challenge for Cause.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Challenges for cause shall be tried by the court on the oath of the person challenged, or other evidence, and shall be made before the jury is sworn.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.27 | Challenges for Cause to Be Made Before Jury Sworn.

Effective:
September 9, 1957
Latest Legislation:
House Bill 28 - 102nd General Assembly
The judge of the trial court shall examine the prospective jurors under oath or upon affirmation as to their qualifications to serve as fair and impartial jurors, but he shall permit reasonable examination of such jurors by the prosecuting attorney and by the defendant or his counsel.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.28 | Form of Oath to Jury.

Effective:
May 18, 2005
Latest Legislation:
Senate Bill 71 - 125th General Assembly
(A) In criminal cases jurors and the jury shall take the following oath to be administered by the trial court or the clerk of the court of common pleas, and the jurors shall respond to the oath "I do swear" or "I do affirm": "Do you swear or affirm that you will diligently inquire into and carefully deliberate all matters between the State of Ohio and the defendant (giving the defendant's name)? Do you swear or affirm you will do this to the best of your skill and understanding, without bias or prejudice? So help you God."
A juror shall be allowed to make affirmation and the words "this you do as you shall answer under the pains and penalties of perjury" shall be substituted for the words, "So help you God."
(B) If, on or after the effective date of this amendment, a court that impanels a jury in a criminal case uses the oath that was in effect prior to the effective date of this amendment instead of the oath set forth in division (A) of this section, the court's use of the former oath does not invalidate or affect the validity of the impanelment of the jury or any action taken by the jury.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.29 | Jurors Becoming Unable to Perform Duties.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If, before the conclusion of the trial, a juror becomes sick, or for other reason is unable to perform his duty, the court may order him to be discharged. In that case, if alternate jurors have been selected, one of them shall be designated to take the place of the juror so discharged. If, after all alternate jurors have been made regular jurors, a juror becomes too incapacitated to perform his duty, and has been discharged by the court, a new juror may be sworn and the trial begin anew, or the jury may be discharged and a new jury then or thereafter impaneled.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.30 | Medical Attendance of Juror.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In case of sickness of any juror before the conclusion of the trial, the court may order that such juror receive medical attendance and shall order the payment of a reasonable charge for such medical attendance out of the judiciary fund.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.31 | Separation of Jurors.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
After the trial has commenced, before or after the jury is sworn, the court may order the jurors to be kept in charge of proper officers, or they may be permitted to separate during the trial. If the jurors are kept in charge of officers of the court, proper arrangements shall be made for their care, maintenance, and comfort, under the orders and direction of the court. In case of necessity the court may permit temporary separation of the jurors.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.32 | Oath to Officers if Jury Sequestered.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When an order has been entered by the court of common pleas in any criminal cause, directing the jurors to be kept in charge of the officers of the court, the following oath shall be administered by the clerk of the court of common pleas to said officers: "You do solemnly swear that you will, to the best of your ability, keep the persons sworn as jurors on this trial, from separating from each other; that you will not suffer any communications to be made to them, or any of them, orally or otherwise; that you will not communicate with them, or any of them, orally or otherwise, except by the order of this court, or to ask them if they have agreed on their verdict, until they shall be discharged, and that you will not, before they render their verdict communicate to any person the state of their deliberations or the verdict they have agreed upon, so help you God." Any officer having taken such oath who willfully violates the same, or permits the same to be violated, is guilty of perjury and shall be imprisoned not less than one nor more than ten years.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.33 | Supervision of Jury After Case Submitted to Them.

Effective:
November 9, 1965
Latest Legislation:
House Bill 708 - 106th General Assembly
When a cause is finally submitted the jurors must be kept together in a convenient place under the charge of an officer until they agree upon a verdict, or are discharged by the court. The court, except in cases where the offense charged may be punishable by death, may permit the jurors to separate during the adjournment of court overnight, under proper cautions, or under supervision of an officer. Such officer shall not permit a communication to be made to them, nor make any himself except to ask if they have agreed upon a verdict, unless he does so by order of the court. Such officer shall not communicate to any person, before the verdict is delivered, any matter in relation to their deliberation. Upon the trial of any prosecution for misdemeanor, the court may permit the jury to separate during their deliberation, or upon adjournment of the court overnight.
In cases where the offense charged may be punished by death, after the case is finally submitted to the jury, the jurors shall be kept in charge of the proper officer and proper arrangements for their care and maintenance shall be made as under section 2945.31 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2945 | Trial › Section 2945.34 | Admonition if Jurors Separate During Trial.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the jurors are permitted to separate during a trial, they shall be admonished by the court not to converse with, nor permit themselves to be addressed by any person, nor to listen to any conversation on the subject of the trial, nor form or express any opinion thereon, until the case is finally submitted to them.