To What Degree Must Indictment Differentiate Between Multiple, Identical Charges Against Defendant?
State of Ohio v. Charles Freeman, Case no. 2010-1671
8th District Court of Appeals (Cuyahoga County)
ISSUE: When an adult defendant is charged with multiple alleged acts of child sexual abuse over an extended period of time, and the state's indictment charges numerous identical offenses without any specific facts or circumstances that identify individual incidents or types of sexual conduct corresponding to those counts, does the indictment violate: 1) the defendant's fair trial right to have notice of and the ability to prepare a defense against each criminal count with which he is charged; or 2) the defendant's double jeopardy right not to be tried twice for the same conduct.