Joseph T. Burke wins a reversal in the Ohio Supreme Court case of Ohio v. Codeluppi, 2014-Ohio-1574. (Case Information)
On April 17, 2014 in a 6-1 Decision, the Ohio Supreme Court reversed the decisions of the Ninth District Court of Appeals and the trial court in favor of appellant, which upheld a defendant’s right to due process in all criminal cases.
The Ohio Supreme Court held that a Defendant’s Motion to Suppress need not contain a highly detailed pleading of the facts and law to satisfy the notice requirement and to trigger the right to a hearing.
Although Ohio v. Codeluppi arose out of an OVI prosecution, the decision by the Ohio Supreme Court impacted motions to suppress in all criminal cases. The Court was charged with the responsibility of balancing the requirement to place the prosecutor on notice as to what was being challenged by the defendant against the defendant’s right to due process under the U.S. and Ohio Constitutions.
The Ohio Supreme Court’s decision reaffirmed a defendant’s right to due process and held that a detailed pleading was not required to trigger a right to a hearing when a motion to suppress is filed.