Tuesday, December 4, 2012

The Schedule of the drug trafficked is sufficient, OSC rules

Today the Ohio Supreme Court held that "for the purpose of identifying the drug involved in a drug-trafficking offense under R.C. 2925.03(A), an indictment is sufficient if it names the schedule in which the drug appears." Alfred Jackson won his appeal in the Ninth District Court of Appeals of Lorain County because the indictment stated that the drug he allegedly trafficked was a "substance included in Schedule I or Schedule II." The indictment did not specifically state that the drug was BZP. The Ohio Supreme Court reinstated his conviction because the indictment was sufficient, and a defendant can learn what specific drug he allegedly was trafficking through a request for a bill of particulars. State v. Jackson, 2012-Ohio-5561.

Contact me if you need a Dayton Criminal Lawyer for your appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form. Visit www.ohiocriminaltriallawyer.com if you need an experienced Dayton Criminal Defense Lawyer to represent you in the trial court.

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