State v. Knaff
Ohio Court of Appeals
1ConcurrencePainter, Judge
I concur in the above analysis because it states what is unquestionably the law: jeopardy attaches when a guilty plea is accepted, not proffered. Here, for some unknown reason, the prosecution proceeded in separate courts on similar charges and realized its mistake about five minutes too late. Prosecuting a defendant for misdemeanors in municipal court and for felonies in the court of common pleas has always been fraught with peril of just this result. “A defendant should answer at one time and in one court for crimes committed at one time and in one place.” 3 Here, we have at least two…
2Cases cited1 opinion
- State v. GartrellOhio Court of Appeals · 1995