Monday, October 1, 2012

Trial court committed plain error by failing to conduct a "proportionality review" (10 1 2012)

Ohio Revised Code Sections 2981.04(B) and 2981.09(A) require judges to make a "proportionality review," when relevant, before ordering forfeiture of items used in the commission of a criminal offense. During a proportionality review, the judge must determine whether forfeiture of an item would cause forfeiture of property whose value is disproportionate to the severity of the offense. The Twelfth District Court of Appeals for Butler County reversed a forfeiture order and remanded the case to the trial court for a "proportionality review." State v. Luong, 2012-Ohio-4519.

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