Is Court's Acquittal Order Based on Improper Venue a 'Final Verdict' That Bars Further Prosecution of Defendant?
State of Ohio v. Emmanuel Hampton, Case no. 2011-1473
Tenth District Court of Appeals (Franklin County)
After a criminal trial has begun, may the court grant a defense motion for an order of "acquittal" under Criminal Rule 29 when the sole basis for that order is a finding that the court conducting the trial is not a proper venue for prosecution of the charges against the defendant?
If a trial court may grant an order of acquittal under Criminal Ruled 29 based solely on lack of venue, is that acquittal a "final verdict" that invokes the defendant's right against double jeopardy and bars the state from prosecuting him on the same charges in a proper venue?