2009-Ohio-6816
No. 2009-1958.Supreme Court of Ohio.
December 30, 2009.
Montgomery App. No. 22895, 2009-Ohio-4602.
MOTION AND PROCEDURAL RULINGS.
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at of the court of appeals’ Decision and Entry filed October 18, 2009:
“May an indictment which does not contain all the elements of an offense be amended to include an
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omitted mens rea element that was not presented to the grand jury?”
The conflict case is State v. Rice, Hamilton App. No. C-080444, 2009-Ohio-1080.
Sua sponte, cause consolidated with 2009-1878, State v. Hamilton, Montgomery App. No. 22895, 2009-Ohio-4602.