State v. Craig

Summary

The Ohio Supreme Court held that the state may appeal as a matter of right under R.C. 2945.67(A) from a trial court’s dismissal of an indictment, regardless of whether the dismissal is with or without prejudice. The court reversed the court of appeals’ dismissal of the state’s appeal and remanded for further proceedings.

Holdings

1. Under R.C. 2945.67(A), the state may appeal as a matter of right from a trial-court decision dismissing all or any part of an indictment, regardless of whether the dismissal is with or without prejudice.
2. R.C. 2945.67(A) applies when a judge dismisses the case on the judge's own motion; such a dismissal is equivalent to a decision granting a motion to dismiss under the statute.

Questions Presented

1. Whether R.C. 2945.67(A) permits the state to appeal as a matter of right from a trial-court decision dismissing all or part of an indictment when the dismissal is without prejudice.
2. Whether the statute's appeal right applies when the trial court dismisses the case on its own motion rather than in response to a defendant's motion.

Disposition

reversed_and_remanded