State v. Hampton
134 Ohio St. 3d 447
| Ohio | 2012Background
- State v. Hampton addresses whether a trial court’s Crim.R. 29 acquittal based on lack of venue is a “final verdict” under R.C. 2945.67(A), which would allow a state appeal.
- DNA from a coat linked Hampton to the Fairfield County crime scene, though the indictment alleged Franklin County venue.
- Hampton was tried to the court after waiving a jury, with venue contested.
- The court granted acquittal on venue, and the state appealed to the appellate court, which held acquittals are final verdicts not appealable.
- The Ohio Supreme Court held that a judgment purporting to acquit for lack of venue is a final verdict and not appealable under R.C. 2945.67(A).
- The decision discusses that venue is procedural, not a guilt/innocence element, and analyzes Crim.R. 29’s scope and double jeopardy implications.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is a Crim.R.29 acquittal based on lack of venue a final verdict under R.C.2945.67(A)? | State argues such an acquittal is not a final verdict. | Hampton argues venue acquittal is not final and may be appealed. | Yes; it is a final verdict, not appealable. |
| Can lack of venue support an acquittal under Crim.R.29 despite venue not being an element? | State asserts Crim.R.29 can apply to venue-based outcomes. | Hampton contends venue is not an element and acquittal would be improper. | Crim.R.29 permits acquittal for venue concerns, but such acquittal remains a final verdict not appealable. |
| Should the court overrule Yates and Keeton to allow state appeals of venue-based acquittals? | State seeks overrule of Yates/Keeton. | Hampton and Court uphold traditional final-verdict rule. | No; Yates/Keeton control; venue-based acquittal is final under current law. |
Key Cases Cited
- State v. Keeton, 18 Ohio St.3d 379 (1985) (final verdict under Crim.R.29 in some acquittals; limits on appeal by state)
- State ex rel. Yates v. Montgomery Cty. Court of Appeals, 32 Ohio St.3d 30 (1987) (judgment of acquittal not appealable by the state as final verdict)
- United States v. Martin Linen Supply Co., 430 U.S. 564 (1977) (acquittal content—not form controls classification)
- State v. Headley, 6 Ohio St.3d 475 (1983) (venue proof requirement and constitutional venue protections)
- State v. Draggo, 65 Ohio St.2d 88 (1981) (venue not a crime element; proof required for conviction)