The Ohio Supreme Court gave prosecutors a win, ruling that they can appeal when a judge sets aside a jury’s guilty verdict.
The 4-3 decision, issued July 14, overturns the court’s 1987 decision that said a judge’s acquittal is a final verdict that cannot be appealed. Judges may set aside a jury’s guilty verdict if they find there was insufficient evidence for a conviction.
Under the new ruling, the trial court’s set-aside decision not considered a final verdict anymore. Instead, prosecutors may appeal the judges’ set-aside rulings.
Writing for the majority, Justice Pat DeWine said this doesn’t violate a defendant’s protection against double jeopardy because if the jury’s guilty verdict is reinstated upon appeal, there wouldn’t be a new trial.
The decision stems from a 2024 Cuyahoga County case involving domestic violence, strangulation and endangering children. The jury acquitted on all charges except endangering children. The judge granted the defense’s request to set aside the conviction, saying there was insufficient evidence.
The case made its way to the Ohio Supreme Court with prosecutors arguing that the 1987 ruling was wrong.
Joining DeWine’s opinion were Justices Joe Deters, Megan Shanahan and Dan Hawkins, who all served as prosecutors in their careers.
First District Appeals Court Judge Marilyn Zayas, who is running for the supreme court against Hawkins in November, said the decision is another example of the conservative majority on the court overturning long-settled precedents. “This is judicial activism by another name,” she said.
She pointed to another recent supreme court decision that held that judges have a First Amendment right to endorse political candidates. That decision tossed out a long-standing rule barring judges from doing so.
“These rulings share a clear theme: discarding decades of precedent to expand power for the legislature, partisan judges, or prosecutors while weakening checks, impartiality, and individual protections,” Zayas said.
State government reporter Laura Bischoff can be reached at lbischoff@usatodayco.com and @lbischoff on X.
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This article originally appeared on The Columbus Dispatch: Ohio Supreme Court overturns 39-year-old decision on appeals
Reporting by Laura A. Bischoff, Columbus Dispatch / The Columbus Dispatch
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By Laura A. Bischoff, Columbus Dispatch | USA TODAY Network
