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August 31, 2018

Examples of litigation involving Ohio Revised Code Section 2923.24

I noted in class the Ohio criminal statute structured similarly to the statute deemed unconstitutional in Proctor, Ohio Revised Code Section 2923.24 Possessing criminal tools: “No person shall possess or have under the person's control any substance, device, instrument, or article, with purpose to use it criminally.“

A few students asked about when this statute might be used, so I figured I might link to some litigation concerning this statutory provision:

Ohio v. Chappell, 127 Ohio St. 3d 376, 2010-Ohio-5991 (Ohio 2010).

Ohio v. Hicks, 186 Ohio App. 3d 528, 2009-Ohio-5302 (Ohio 2d App. Dist. 2009).

Ohio v. McDonald, 31 Ohio St. 3d 47 (Ohio 1987).

Though these cases all make for interesting reads, for lots of reasons, I think your time this weekend would likely be better much spent re-reading Jones and the voluntariness cases (or, better yet, watching football or being with family and friends).

August 31, 2018 in Class reflections, Notable real cases | Permalink


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