STATE OF OHIO v DEANDREW SMITH (2018-Ohio-1756)
Court That Heard the Case: Eighth District Court of Appeals
Facts of the Case: Appellant, Deandrew Smith, a student at Westlake High School, was involved in a fight with another student in a restroom near the cafeteria of the school. The fight was recorded on video. The video shows Deandrew and another student exchanging punches. As the fight progressed you see Mr. Smith pick up the other student and drops him on his head. The other student suffered significant injuries and spent several days in the hospital. Both students were suspended from school.
Procedural History: Appellant, Deandrew Smith, was indicted and charged with felonious assault, a second-degree felony violation of R.C. 2903.11(A)(1); and abduction, a third-degree felony violation of R.C. 2905.02(A)(2).
The jury found Deandrew Smith not guilty for the felonious assault count but could not reach a…show more content… Court of Appeals, Eighth Appellate District ruled the trial court erred by permitting the state to retry appellant on the felonious assault count because the jury acquitted appellant of felonious assault, retrial on this count is barred by the Double Jeopardy Clause. “The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution, and Article I, Section 10 of the Ohio Constitution protect a defendant from being twice put in jeopardy for the same offense.” The Double Jeopardy Clause protects a second prosecution for the same offense after acquittal. Appellate, Deandrew Smith was acquitted of the felonious assault count so the Double Jeopardy Clause barred the state from retrying appellant on the felonious assault count. The trial court’s judgment permitting the state to proceed on the felonious assault count is
