Welcome to The Briefcase

Commentary and analysis of Ohio criminal law and whatever else comes to mind, served with a dash of snark.  Continue Reading »

×

July 31, 2006

Got a lot of work to catch up on today, so just a short note... 

Back in 2004, the Ohio Supreme Court, in Ohio v. Jordan, held that a trial court had to apprise the defendant of post-release controls (PRC) both at the sentencing hearing and in the sentencing journal entry.  Earlier this year, it followed up that decision by holding, in Hernandez v. Kelly, that if the Court failed to do that, PRC couldn't be imposed. 

This issue often arises on appeal, and the appellate court routinely remands the case for resentencing, telling the judge to get it right.  But what happens if there's not an appeal?  As I pointed out a couple months back, failure to notify a defendant of PRC precludes a later conviction for escape.  If that was questionable before Hernandez, it certainly isn't afterward.  But the sentencing court couldn't correct the error on its own, because it loses jurisdiction to modify sentencing after the defendant is sent to the institution.

So a couple of weeks ago, new section RC 2929.191 went into effect, allowing the trial courts to correct a sentencing entry to include PRC.  The court has to hold a hearing in order to do that, at which the defendant must be present, either in person or through the magic of video.

Search

Recent Entries

  • June 23, 2017
    Crime and the First Amendment
    Facebook and sex offenders, and encouraging someone to kill himself
  • June 20, 2017
    What's Up in the 8th
    I come a cropper, plus inventory searches and mandatory probation
  • June 19, 2017
    Case Update - SCOTUS
    What's coming up in the US Supreme Court in the next two weeks
  • June 12, 2017
    What's Up in the 8th
    After weeks in the desert, we come upon an oasis of defense wins
  • June 7, 2017
    A switch in time
    Why what the Supreme Court did in Aalim II and Gonzales II is a bad thing
  • June 6, 2017
    What's Up in the 8th
    A turnabout on prior calculation and design, and harmless error in all its manifestations
  • June 5, 2017
    Case Update
    A death penalty case, fourteen years after the crime, and we're just getting started. And two appellate decisions on search and seizure.
  • May 31, 2017
    What's Up in the 8th
    "What's a law enforcement accountability activist?" asked someone never, but the answer is here. Plus, cell phone experts, joinder, and the fading glory that was State v. Hand.
  • May 30, 2017
    Case Update
    One searches SCOTUSblog in vain for decisions which would be of interest to the uncounted hordes of this blog's regular readers; one of the Court's opinions last week deals with the Hague Service Convention's rules on international service by mail,...
  • May 25, 2017
    "Clarifying" post-release controls
    A look at the Supreme Court's decision in State v. Grimes