State of Ohio v. Melvin Mutter Case No. 2016-0440
State of Ohio v. Buddy Mutter, Case Ns. 2016-0441
Fourth District Court of Appeals (Scioto County)
ISSUES:
- Do the "double jeopardy" clauses of the U.S. and Ohio constitutions bar a second prosecution for a felony charge by a county prosecutor that is based on the same factual issues that resulted in a plea bargain negotiated by a city prosecutor to convict suspects of misdemeanor charges?
- When the state appealed a trial court's decision, did an appellate court improperly place the burden of proof on the criminal defendant as the case moved forward, and does such a shift violate the "due process" clauses of the U.S. and Ohio constitutions?