State v. Williams
Ohio Court of Appeals
1990 WL 47451 (1990)
Joseph Williams (defendant) was involved in a bar fight and cited for disorderly conduct. Four days later, Williams was arrested on a complaint charging him with attempted aggravated murder in connection with the bar fight. Williams appeared in court on the disorderly-conduct charge, pled no contest, was found guilty, and paid the fine imposed by the court. Subsequently, Williams was indicted for attempted murder based on his participation in the fight. Williams moved to dismiss the indictment on double-jeopardy grounds, arguing that disorderly conduct was a lesser included offense of attempted murder and therefore his conviction for disorderly conduct barred his indictment for attempted murder. The trial court denied Williams’s motion, ruling that disorderly conduct is not a lesser included offense of attempted murder. Williams appealed.
Rule of Law
Holding and Reasoning (Mahoney, J.)
Concurrence (Ford, J.)
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