Legal Opinion

State v. Brown

Ohio Supreme Court

Decided September 17, 2008No. 2007-0184PublishedCited by 357 opinions

1Opinion of the CourtO’Donnell, J.

{¶ 1} We are again called upon to revisit our 1999 decision in State v. Rance (1999), 85 Ohio St.3d 632, 710 N.E.2d 699, and to clarify whether pursuant to-its holding and R.C. 2941.25, a defendant may be convicted and sentenced for two separate crimes arising out of two forms of the same offense based on a single criminal act — here, aggravated assault for stabbing one victim, one time.

{¶ 2} Because R.C. 2903.12(A)(1) and (A)(2) set forth two means of committing the same offense both of which serve the same purpose — preventing physical harm to persons — we conclude that the General Assembly…

2Cases cited27 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. Benton v. MarylandSupreme Court of the United States · 1969
  4. Missouri v. HunterSupreme Court of the United States · 1983
  5. United States v. HalperSupreme Court of the United States · 1989

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3Cited by357 opinions

  1. State v. JohnsonOhio Supreme Court · 2010
  2. State v. UnderwoodOhio Supreme Court · 2010
  3. State v. WhitfieldOhio Supreme Court · 2010
  4. State v. WilsonOhio Supreme Court · 2011
  5. State v. Dean (Slip Opinion)Ohio Supreme Court · 2015

352 more not listed; retrieve them via the Exa API.

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