GENERAL RESEARCH TIPS FOR OHIO CRIMINAL CASES:
*Elements of an Offense: What the prosecutor has to prove in order for the defendant to be convicted of a crime. Important in appeals when there is an assignment of error stating that there is insufficient evidence to support the verdict, or the verdict is against the manifest weight of the evidence. Best sources to find: Katz Gianelli Ohio Criminal Justice, Elements of Crimes, KFO561 .A3 p. A-3; Anderson's Ohio Criminal Law Handbook, KFO561.A346 M3, Elements of Offenses, p. A-31. Also see: Ohio Jury Instructions, KFO542.A65 O36 ;OJur3d KFO65 .O3543 ; Katz Gianelli Criminal Law, KFO561.K37 ; a case search (ex. elements /s "aggravated robbery"); reading the text of the statute; looking at case annotations under the statute.
*Defenses to a Particular Crime: Sources to find: OJur3d KFO65 .O3543; Katz Gianelli Criminal Law KFO561.K37; a case search; case annotations under the statute. Generally, Anderson's Ohio Criminal Practice and Procedure, KFO561 .A95 Ch. 16 on affirmative defenses; Katz Gianelli Criminal Law KFO561 .A3 Ch. 87-89 on defenses.
*Lesser Included Offenses - Anderson's Ohio Criminal Practice and Procedure, KFO561 .A95 Table of Lesser Included Offenses.
*Finding Definitions - Katz Gianelli Ohio Criminal Justice, KFO561 .A3 Table of Definitions, p. A-123; text of statute; first section of statute; Words and Phrases: West's Ohio Digest KFO 57 .W47 Ohio Jurisprudence 3d KFO 65 .O3543 and
a field search on Westlaw in the Words-Phrases (WP) field.
*How to Determine the possible criminal penalty - See Katz Gianelli Ohio Criminal Justice, KFO561 .A3 Sentences and Fines Table and Checklists, p. 1597; Senate Bill 2 Sentencing Chart (Ohio Dept. of Corrections); FAQ: Criminal Sentences in Ohio
*Sample Charges/Indictments: Terez Ohio Statutory Charges, KFO561 .B588 Anderson's Ohio Manual of Criminal Complaints and Indictments KFO561.A346 M34 .
*Statute of Limitations: ORC 2901.13 , Katz Gianelli Ohio Criminal Justice, KFO561 .A3, Chapter 84.
*Municipal Ordinances- See Municipal Ordinances - Legal Research Workstation . Municipal ordinances are not annotated, so you will have to do an electronic search for the ordinance number to find cases. You may be able to use cases pertaining to a similar Ohio Revised Code section.
*Finding Jury Instructions - Ohio Jury Instructions, KFO542.A65 O36 also on Lexis, Westlaw and Casemaker; Casemaker Database alsocontains instructions compiled by the Ohio State Bar Association.
*Motions in Limine: Ohio Motions in Limine - Evidence Exclusion Guide, 2008 Edition, KFO540 .O34 , published by Westlaw, contains:
- A chapter on motion in limine law
- Chapters on various types of evidence, such as prejudicial evidence, irrelevant evidence, tests and scientific evidence, physical evidence etc. Each of of the chapters has suggested motion text, forms and supporting and opposing authorities.
The book is also available online on Westlaw.