Legal Opinion
State v. Prescott
Ohio Supreme Court
Decided April 19, 1989No. 87-1723PublishedCited by 9 opinions
1Opinion of the CourtMoyer, C.J.
The sole issue presented by the defendant-appellant is whether a forfeiture proceeding conducted pursuant to R.C. Chapter 1531 is criminal in nature and whether the trial court must instruct the jury that a defendant is to be given a presumption of innocence.
For the reasons stated below, we hold that a forfeiture proceeding pursuant to R.C. 1531.20 is an in rem civil action.
The General Assembly has given the Ohio Department of Natural Resources (“ODNR”) the authority to prosecute a violator of Ohio’s wildlife protection laws. The ODNR may proceed against the individual for violation of R.C.…
2Cases cited6 opinions
- Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
- Lawton v. SteeleSupreme Court of the United States · 1894
- United States v. One Assortment of 89 FirearmsSupreme Court of the United States · 1984
- Sensenbrenner v. CrosbyOhio Supreme Court · 1974
- State v. BarkerOhio Supreme Court · 1983
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. GustafsonOhio Supreme Court · 1996
- State v. CasalicchioOhio Supreme Court · 1991
- Brown v. CincinnatiOhio Court of Appeals · 2020
- State v. GustafsonOhio Supreme Court · 1996
- State v. PenrodOhio Court of Appeals · 1992
4 more not listed; retrieve them via the Exa API.