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OACDL Amicus Committee Report 7-13-2020

July, 2020

The OACDL Amicus Committee has been actively evaluating cases for our association’s involvement and drafting Amicus Briefs for cases which meet our acceptance criteria.  In the past few months, the OACDL has participated in the following cases: 


  1. State v. Gwynne. This case is currently in the Court of Appeals for the Fifth District.  Gwynne was sentenced to 65 years in prison for theft from people in nursing homes.  The case was remanded back to the 5th District by the Ohio Supreme Court.  We typically don’t file a brief with an appellate court, but the case involves a very important issue of consecutive sentencing, and it was remanded from the Ohio Supreme Court, so we filed an Amicus Brief wanted our voice to be heard by the appellate court.


  1. State v. Montgomery. This case is in the Ohio Supreme Court.  The question is whether the prosecutor can have the ‘victim’ in a rape case sitting at the prosecution table.  Obviously, the answer should be ‘no’, and that’s what we argued in our Amicus Brief.


  1. State v. Bates. This case is in the Ohio Supreme Court.  The issue is void/voidable sentencing, and we are filing an Amicus Brief arguing the State must appeal an improper imposition of PRC, or it can’t be imposed at a later time. 


  1. State v. Glenn. The Ohio Supreme Court accepted jurisdiction in this case last week.  The trial court ordered defense counsel to provide the State with summaries of witnesses counsel had interviewed.  We intend to file an Amicus Brief and have been in contact with the attorney of record.


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