FIRST DISTRICT

COURT OF APPEALS

        

THESE SUMMARIES ARE NEITHER APPROVED IN ADVANCE NOR ENDORSED BY THE COURT.  THEY ARE NOT HEADNOTES OR SYLLABI.  INTERESTED PARTIES SHOULD OBTAIN COPIES OF THE ACTUAL DECISIONS FROM THE CLERK OF THE COURT OF APPEALS.

 

DATE: Friday, March 28, 2025

CAPTION: STATE V. FLANNERY

APPEAL NO.: C-240419 

TRIAL NO.: B-2305420

KEY WORDS: GRAND JURY — DISCLOSE OF TRANSCRIPTS — PARTICULARIZED NEED 

SUMMARY: The trial court abused its discretion in ordering full disclosure of grand jury transcripts to defense counsel where lesser remedies would adequately furnish the factual bases necessary for the trial court to decide the defendant’s motion to dismiss the indictment on allegations that the grand jury was biased due to the prosecution’s failure to present substantially exculpatory evidence to the grand jury.

JUDGMENT: REVERSED AND CAUSE REMANDED

JUDGES: OPINION by KINSLEY, P.J.; CROUSE and NESTOR, JJ., CONCUR.

 

CAPTION: STATE V. POVEDA

APPEAL NO.: C-240496 

TRIAL NO.: B-2302656

KEY WORDS: SENTENCING — R.C. 2953.08 — R.C. 2929.12 — IMMIGRATION STATUS 

SUMMARY: An appellate court cannot vacate or modify a sentence under R.C. 2953.08(G)(2)(b) based on its view that the imposed sentence is not supported by the record under R.C. 2929.11 and 2929.12.

Pursuant to R.C. 2929.12(B), the trial court properly considered whether the offender’s conduct constituted the worst form of the offense.

Where the offender’s immigration status was one of many considerations that the trial court relied on when imposing a maximum sentence, the court did not err in considering the immigration status under R.C. 2929.12. 

JUDGMENT: AFFIRMED

JUDGES: OPINION by CROUSE, J.; KINSLEY, P.J., and NESTOR, J., CONCUR.