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OH SCR12
Concurrent Resolution
Status
6/24/2009
Primary Sponsor
Bob Gibbs
Click for details
AI Summary
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Requests the Ohio Supreme Court to amend the Ohio Rules of Criminal Procedure to establish open discovery in all criminal cases in all state courts.
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Identifies current Rule 16 limitations that require prosecutors to disclose certain evidence only upon defendant's motion and court order, particularly for medical, scientific reports, and other materials.
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States that determinations about evidence materiality and exculpatory nature create disputes between prosecutors and defense attorneys, leading to costly and time-consuming motions.
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Proposes that open discovery would require prosecutors to disclose all police reports, witness statements, and relevant evidence upon request from defense counsel.
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Provides that courts may limit discovery only upon motion of the prosecutor and in camera hearing to protect witnesses or for other good cause.
Legislative Description
As Adopted by the Senate 128th General AssemblyRegular Session2009-2010S. C. R. No. 12 Senator Grendell
Last Action
Passed 3rd Consideration House
6/24/2009