State v. Busch
Ohio Supreme Court
669 N.E.2d 1125 (1996)
- Written by Sharon Feldman, JD
Facts
Dorothy Cordiano filed two domestic-violence complaints against her boyfriend, Warren Busch (defendant). Busch was charged, but Cordiano decided she did not want to proceed with the case. Cordiano filed an affidavit and testified under oath four times that she wanted the charges dismissed. The case was continued several times. The court required that Busch and Cordiano obtain counseling and knew that Cordiano had spoken with prosecutors and a witness-assistance-program representative. Cordiano testified that Busch had not previously abused her, she was not being coerced, and she did not fear continued abuse. The court dismissed the charges. The state (plaintiff) appealed, arguing that the trial court abused its discretion by dismissing the charges at a witness’s request and over the prosecution’s objection. Reversing, the court of appeals held that the trial court lacked the authority to dismiss the charges over the prosecution’s objection but certified a conflict with another court of appeals. Granting review, the Ohio Supreme Court determined that a conflict existed and also permitted the state to file a discretionary appeal.
Rule of Law
Issue
Holding and Reasoning (Pfeifer, J.)
Concurrence (Stratton, J.)
Dissent (Cook, J.)
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