Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Friday, January 07, 2005

Reference to Bible Not a Cause for Reversal

A judge who referred to a passage from the Bible when sentencing a defendant who had pled guilty in Hamilton County common pleas court in 1997 to charges of rape and pandering obscenity involving a minor did not violate that defendant's right of due process.

In looking back at the history of the case, a state appeals court had vacated the sentence, but a unanimous Ohio Supreme Court reversed that judgment. The Justices had concluded the judge's Biblical reference did not violate the defendant's right to due process because it was not the basis of the sentencing determination, but rather one of several reasons relied upon. The defendant found help within the federal system when U.S. District Judge Arthur Spiegel in Cincinnati found use of the Bible as a final source of authority constituted an impermissible factor for sentencing. However, a United States 6th Circuit panel yesterday voted 2-1 to overturn the lower federal court.

Later


1 Comments:

  • At 1:59 AM, Blogger doer said…

    Hello, just visited your bible blog, I also have a bible related website, it's about some books which is helpful to understand the God's Words

     

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