State v. CECOS International
Ohio Supreme Court
38 Ohio St. 3d 120 (1988)
- Written by Sharon Feldman, JD
Facts
CECOS International (CECOS) (defendant) was indicted for illegally discharging hazardous waste. CECOS moved for discovery of the grand jury testimony of all present and former officers and employees, arguing that the word “defendant” in Ohio Rule of Criminal Procedure 16(B)(1)(a) (Rule 16(B)(1)(a)) included all present and former employees because the criminal conduct of those employees could be imputed to the corporation. The trial court granted CECOS’s motion. The court of appeals affirmed. On appeal, the state (plaintiff) argued that because the corporate defendant, for criminal-liability purposes, was composed of those employees with the assigned authority and function to act on behalf of the corporation regarding the matter that gave rise to the criminal offense, only the statements of those employees were discoverable.
Rule of Law
Issue
Holding and Reasoning (Wright, J.)
What to do next…
Here's why 814,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.