Wednesday, November 20, 2013

Presentence investigation reports in criminal case before sentencing

 The Ohio Supreme Court’s new service Monday morning made note of the Court’s hearing State of Ohio v. Lashawn Amos and Christopher Richmond v. State of Ohio on Tuesday, both asking whether trial courts must consider a presentence investigation report in a criminal case before sentencing a defendant to community control, with the state noting that the appellate court decided the cases on the same day, but seemingly to have ruled differently on the issue. The state asserted Ohio statute (ORC 2951.03) and Crim Rule 32.1 make pre-sentence reports mandatory before a court can impose a community control sanction.

State of Ohio v. Lashawn Amos case docket
            Memorandum in support of jurisdiction
            Appeals case, State v. Amos, 2012-Ohio-3954 

State of Ohio v. Christopher Richmond case docket
         Memorandum in support of jurisdiction                                   Appeal case, State v. Richmond, 2012-Ohio-3946 

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