Jeffrey Wogenstahl’s evidentiary hearing at the Hamilton Court of Common Pleas has been rescheduled: the dates will be Tuesday 15 – Friday 18 October, 2024.
The rescheduling became possible as soon as the Ohio Supreme Court concluded Jeff’s other pending legal claim. In that claim, Jeff argued that a statute in place at the time of the victim’s murder unfairly led the state to presume that she was murdered in Ohio, and thus that the murder trial should be in Ohio. On October 1, 2024, the Ohio Supreme Court rejected Jeff’s argument.
A dissenting judge, Justice Brunner, exposes the faults in the majority’s decision. She notes that the majority judges dwell on Jeff’s tardy filing in order to avoid addressing his potentially legitimate constitutional claim. She adds that if the statute – R.C. 2901.11(D) – was unconstitutional, then the outcome of Jeff’s trial is invalid; and normal legal time limits do not apply:
“To hold otherwise is a political seizure of power that the people of Ohio have never granted to this court.”
Justice Brunner even criticizes the court itself for not having of its own accord examined whether the all-important statute was constitutional.
Despite the court’s unsatisfactory decision, we are pleased that at least a decision has been made. This has allowed Jeff’s evidentiary hearing to be rescheduled; and we are thankful that the wait for it to start will be short.
We wish Jeff well.
