2014 Ohio 3920
Ohio Ct. App.2014Background
- Indictment charged Untied with passing bad checks and theft, both felonies of the fifth degree.
- The Canton Charge (Canton, Stark County) is the victim for both offenses and the target of the alleged scheme.
- The Canton Charge is an entity separate from Cavaliers Holdings, though Cavaliers Holdings is its umbrella owner.
- All negotiations, instruments, and services related to the charges occurred in Stark County, where the tickets and court time were exchanged.
- Untied never traveled to Cuyahoga County; Hillman from Cavaliers Holdings attempted post hoc payment discussions after the game.
- The trial court granted Crim.R. 29 acquittal due to lack of venue; the State appealed to review the venue ruling, which the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether venue was properly in the trial county. | Untied | Untied | Venue not proven; Stark County nexus established; appeal affirmed |
Key Cases Cited
- State v. Were, 118 Ohio St.3d 448 (Ohio 2008) (venue must be proven beyond reasonable doubt or judgment of acquittal issued)
- State v. Hampton, 2012-Ohio-5688, 134 Ohio St.3d 447 (Ohio 2012) (sufficiency of venue required for conviction)
- State v. Chintalapalli, 88 Ohio St.3d 43, 2000-Ohio-266 (Ohio 2000) (venue nexus required between defendant and trial county)
- State v. Bistricky, 51 Ohio St.3d 157, 555 N.E.2d 644 (Ohio 1990) (scope of appellate review of substantive law rulings in acquittals)