Total Credits: 1.5 including 1.5 General
Beware the issue of venue. Proving that the crime or an element thereof occurred in your jurisdiction is not an “element”, but it still must be established beyond a reasonable doubt and can result in a Crim.R. 29 “acquittal” if venue is not sufficiently shown. This presentation will discuss a “top seven” list of things to know about venue, including how the multi-county “course of conduct” provision operates, and including ways to fix a venue problem if you realize after the close of your case-in-chief that venue might not be satisfied.
1. Overview (2 mins)
2. Constitutional Right – Article I, Section 10, Ohio Constitution; Sixth Amendment? (10 mins)
3. Jurisdiction (R.C. 2901.11) versus Venue (R.C. 2901.12) (10 mins)
4. The Go-To Statute, R.C. 2901.12(A) – a single element in your jurisdiction is enough (15 mins)
5. Proving Venue – Standard of Proof; Direct & Circumstantial Evidence; Judicial Notice? (15 mins)
6. Handling the “Course of Conduct” Issue (R.C. 2901.12(H)) – Indictment & Proof & Instructions Issues (15 mins)
7. Crim.R. 29 stage & Fixing the Insufficient-Proof Problem (10 mins)
8. “Bad” Venue -- What to Do; Double Jeopardy? (5 mins)
9. Conclusion and questions (8 mins)
|Venue OPAA 2-17-22 presentation handout (1.1 MB)||Available after Purchase|
In 1983, Steven L. Taylor received a B.A. degree in History from the University of Michigan. In 1986, he received a J.D. degree from the Ohio State University. He is a former law clerk for the Ohio Court of Appeals, Tenth Appellate District, and for Chief Justice Thomas J. Moyer of the Ohio Supreme Court.
Steve served for many years as an Assistant Prosecuting Attorney and then as Chief Counsel of the Appellate Division of the Franklin County Prosecutor’s Office. Since 2009, he has served as the editor of the monthly Ohio Prosecuting Attorneys Association Case Digest and is now the Legal Research and Staff Counsel for the Association.
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