City of Cleveland v. Hogan

Ronald B. Adrine, Judge.

This matter came on for hearing on defendant James Hogan’s motion to dismiss. The motion was filed on April 13,1998. The defendant moves this court to dismiss the charge of domestic violence filed against him on the grounds that this prosecution is barred under the doctrines of double jeopardy and collateral estoppel, as applied to the states under the Fifth and Fourteenth-Amendments to the Constitution of the United States, and Section 10, Article I of the Constitution of Ohio.

Since it appeared that this matter was one of first impression in Ohio, this court ordered…