Court to Review Reversal of Police Officer's Conviction for Abduction Based on Wrongful Arrest, Detention of Juvenile

State Disputes Appeals Court's Finding That Jury Instruction Was Fatally Defective

State of Ohio v. Julian Steele, Case nos. 2011-2075 and 2011-2178

First District Court of Appeals (Hamilton County)

ISSUES:

In a criminal trial in which a police officer is charged with abduction based on alleged abuse of his power to arrest, what instruction must the court give to jurors to guide their determination of whether the defendant acted outside the "privilege" conferred by his status as a policeman?

Can the conduct of a police officer while interrogating a criminal suspect subject the officer to prosecution for the crime of intimidation of a witness as set forth in R.C. 2921.03(B)?