Tomorrow  – Tuesday, April 23, 2024 – the Ohio Supreme Court will hear oral argument in Jeffrey Wogenstahl’s case about the constitutionality of the statute relied on by the State in holding Jeff’s trial in Ohio.

 The session will be held at the Thomas J. Moyer Ohio Judicial Center in Columbus. The Court will convene at 9 a.m. ET, with Jeff’s case scheduled first. Jeff’s argument is due to last for one hour, with the defense and the prosecution having 30 minutes each to present their arguments before the Court.

Jeff’s oral argument will be streamed live online at the Ohio Channel. Soon afterwards it will be available to view in the Supreme Court of Ohio video collection.

One of the Ohio Supreme Court justices, Justice Joseph T. Deters, has recused himself from this oral argument in view of his heavy involvement in Jeff’s case. As lead prosecutor, he presided over significant state misconduct in the case.

Tomorrow the Court will be considering whether Jeff’s trial and appellate lawyers should have challenged the constitutionality of Statute R.C. 2901.11(D), which underpinned the State’s presumption that Amber Garrett’s murder occurred in Ohio. Jeff argues* that if his trial lawyers had done so, he could have been tried in Indiana, where the victim’s body was found.

This oral argument will not address Jeff’s claim of innocence†; but does raise the possibility of a new trial for Jeff in Indiana, where he would be able to present the evidence that his Ohioan prosecutors suppressed.

We trust that the Court will agree with Jeff’s argument tomorrow. Whether in Ohio, or in Indiana, Jeff deserves a new trial.

* State of Ohio, Plaintiff v. Jeffrey Wogenstahl, Defendant. 2023-0945. Merit Brief of Appellant Jeffrey Wogenstahl, in the Supreme Court of Ohio. October 24, 2023.

†Jeff’s claim of innocence will, however, be central at an evidentiary hearing scheduled for September.