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State of Ohio v. Ramiro Ramirez, Case No. 2018-0900
Sixth District Court of Appeals (Lucas County)
ISSUES:
- In light of U.S. and Ohio Supreme Court precedent, does 33(A)(4) of the Ohio Rules of Criminal Procedure allow a trial judge to render a "final verdict" in a case even though the rule covers the process of granting a new trial?
- If the criminal rule is interpreted to be a final verdict, does the ruling prevent any appellate review of the trial court's decision?
- Must an appellate court reviewing a trial court's grant of a new trial under Crim.R. 33(A)(4) make a finding of whether or not the evidence in the case established a conviction for a lesser-degree defense?
Sixth District Court of Appeals (Lucas County)
ISSUES:
- In light of U.S. and Ohio Supreme Court precedent, does 33(A)(4) of the Ohio Rules of Criminal Procedure allow a trial judge to render a "final verdict" in a case even though the rule covers the process of granting a new trial?
- If the criminal rule is interpreted to be a final verdict, does the ruling prevent any appellate review of the trial court's decision?
- Must an appellate court reviewing a trial court's grant of a new trial under Crim.R. 33(A)(4) make a finding of whether or not the evidence in the case established a conviction for a lesser-degree defense?
August 6, 2019