Date: 10-22-2024

Case Style:

The State of Ohio v. Johnathan Smith

Case Number: C-250415

Judge: Not Available

Court: Court of Common Pleas, Hamilton County, Ohio

Plaintiff's Attorney: Hamilton County, Ohio Prosecuting Attorney

Defendant's Attorney:

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Description:

Cincinnati, Ohio criminal defense lawyer represented the Defendant charged with a felony.

Pursuant to Supreme Court Practice Rule 7.08(B)(3), we summarily reverse the First District Court of Appeals' judgment holding that there was insufficient evidence to establish that the offenses with which appellee, Johnathan Smith, was charged occurred in Hamilton County. We have long held that although venue must be proved beyond a reasonable doubt, venue "need not be proved in express terms so long as it is established by all the facts and circumstances in the case." State v. Headley, 6 Ohio St.3d 475, 477 (1983), citing State v. Dickerson, 77 Ohio St. 34 (1907), paragraph one of the syllabus. The State presented sufficient circumstantial evidence in this case to establish that the charged offenses occurred in Hamilton County, and the First District Court of Appeals erred when it held otherwise based on a flawed view that direct evidence was required to prove venue.

State v. Smith, 2024 Ohio 5030, 2024-1049 (Ohio Oct 22, 2024)

Outcome: Reversed.

Plaintiff's Experts:

Defendant's Experts:

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