State v. Colon, 119 Ohio St. 3d 204

Summary

The Ohio Supreme Court, on reconsideration, held that its ruling in State v. Colon, 118 Ohio St.3d 26 (2008) applies prospectively only to cases pending when that ruling was announced. The court further limited structural-error analysis for defective indictments to rare cases involving multiple trial errors linked to the indictment, stating that plain-error analysis ordinarily applies.

Holdings

1. The rule announced in Colon I applies prospectively only to cases pending on the date Colon I was announced and does not apply retroactively to convictions that had become final.
2. Structural-error analysis is appropriate for a defective indictment only in rare cases, such as Colon I, where multiple errors at trial are inextricably linked to the indictment defect and permeate the trial from beginning to end.
3. When a defendant fails to object to an indictment that omits an essential element of the charged offense, plain-error analysis under Crim.R. 52(B) is ordinarily appropriate.

Questions Presented

1. Whether the rule announced in State v. Colon applies retroactively to convictions that became final before Colon I was announced.
2. Whether the structural-error analysis adopted in Colon I applies to all defective indictments omitting an essential element or is limited to cases involving multiple, inextricably linked trial errors.
3. Whether plain-error review under Crim.R. 52(B) is generally the appropriate analysis when a defendant fails to object to an indictment that omits an essential element.

Disposition

other