Wednesday, March 6, 2013

Ban From Ohio Overturned

From the web page of the Ohio Supreme Court:

The Ninth District Court of Appeals has ruled that the Medina County Court of Common Pleas cannot issue a lifelong ban to a Florida man from entering the state of Ohio.

According to court documents, George Mose, of Bradenton, Florida, drove to Brunswick, Ohio with plans to kill a woman he was previously involved with. Acting on a tip, police later found Mose in a motel room with incriminating evidence. He was charged with two counts of attempted murder and one count of attempted aggravated burglary.

As part of a plea agreement, Mose pleaded guilty to all three counts and “agreed never to return to the State of Ohio during his lifetime other than for parole requirements.” The trial court accepted the agreement and sentenced Mose to three years of prison with credit for time served.

Mose then filed an application for a delayed appeal and said the common pleas court erred by “not providing [Mr. Mose] with the proper post release control terms in the sentence.” He also said the trial court “lacked subject matter jurisdiction to accept his guilty pleas because his actions did not constitute an ‘attempt’ to commit murder or burglary.”

Judge Carla Moore wrote the appeals court’s unanimous decision and said: “We agree that Mr. Mose’s lifelong banishment from the State of Ohio is contrary to law … While we understand that Mr. Mose agreed to this sanction, the trial court was without authority to impose a punishment which is not authorized by statute. As such, we must vacate only that portion of Mr. Mose’s sentence.”

Judges Beth Whitmore and Donna Carr concurred in the February 25 opinion that vacated only the portion of the judgment banishing Mose from the State of Ohio, and affirmed the remainder of judgment of the Medina County Court of Common Pleas.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/03/ban-from-ohio-overturned.html

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