State v. Bess
2012 Ohio 3333
Ohio Ct. App.2012Background
- Virginetta Bess was charged with possession of a vicious dog in Cincinnati within the city limits.
- The issuing officer signed but did not notarize the complaint’s jurat, so it was not made under oath.
- The officer filed the unsigned complaint with the municipal court as the formal charging document.
- Bess entered a no-contest plea and was convicted based on the defective charging instrument.
- Bess appealed asserting lack of subject-matter jurisdiction due to the unsworn complaint.
- The court concluded the municipal court lacked subject-matter jurisdiction because Crim.R. 3 requirements were not met.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did an unsigned jurat deprive the charging instrument of jurisdiction? | Bess contends the complaint was invalid. | Bess relies on Crim.R. 3 unmet oath requirement. | Yes; lack of sworn complaint voids jurisdiction. |
Key Cases Cited
- State v. Mbodji, 129 Ohio St.3d 325 (2011-Ohio-2880) (Crim.R. 3 requirements govern subject-matter jurisdiction)
- State v. Green, 48 Ohio App.3d 121 (1988) (invalid charging instrument renders jurisdiction void)
- State v. Miller, 47 Ohio App.3d 113 (1988) (charging instrument must comply with Crim.R. 3)
- State v. Brown, 2 Ohio App.3d 400 (1981) (insufficient charging instrument affects jurisdiction)