Brown Law Office Criminal Law News
The Ninth District Court of Appeals recently held in State v. Hitsman, 2018-Ohio-5315, that a criminal defendant cannot challenge the sufficiency of the evidence against him or her by way of a pre-trial motion to dismiss. Interpreting Ohio Rule of Criminal Procedure 12, the Ninth District held that challenges to the sufficiency of the evidence can be raised at the earliest by way of a Criminal Rule 29 motion. In Hitsman, the defendant argued that he could not be charged with trafficking in LSD because the substance that he possessed was in actuality counterfeit LSD. The Ninth District rejected this argument, holding that the pre-trial motion to dismiss is an improper way of challenging the sufficiency of the evidence. A link to the decision can be found here.
The decision is Hitsman provides useful guidance to Ohio criminal attorneys. Contact the criminal attorneys at the Brown Law Office today for a free consultation at 330-601-0101. We have the experience and resources required to effectively defend your criminal case.