Friday, March 23, 2007

Convictions for Two Counts of Rape and Seven Counts of Gross Sexual Imposition Reversed (3 23 2007)

Ohio’s Second District Court of Appeals reversed convictions for two counts of rape and seven counts of gross sexual imposition because the State never differentiated between these counts. This was a violation of the defendant’s right to Due Process of Law. In the indictment, the charges were identical and nothing in the bill of particulars differentiated the counts. Finally, nothing in the testimony of the complainant differentiated one count from another so convictions for those counts were reversed. State v. Tobin, 2007-Ohio-1345.

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