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Case No. 2009-0311 State of Ohio v. Gregory Horner



Supreme Court of Ohio


Does Failure to Object to Defective Indictment During Trial Waive All But ‘Plain Error’ Analysis on Appeal?

When Indictment Does Not State Required Guilty Mental State for Offense

State of Ohio v. Gregory Horner, Case no. 2009-0311
6th District Court of Appeals (Lucas County)


* Pursuant to the Supreme Count of Ohio’s 2008 holding in State v. Colon that an indictment for robbery under R.C.2911.02(A)(2) is defective if it does not allege that the defendant acted with the guilty mental state of “recklessly,” is an indictment for the offense of aggravated robbery under R.C. 2911.02(A)(3) also defective if it fails to specify the same guilty mental state?

* When an indictment quotes or paraphrases the la... [ More ]
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Date : 04-20-2010     View : 1,143 Views     Duration : 00:34:10     Size : 118.4 MB    
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