Does Omission of Closing Argument in Bench Trial Violate Defendant’s Right to Due Process of Law?
State of Ohio v. James C. McCausland, Case no. 2008-2415 12th District Court of Appeals (Butler County) ISSUE: At the conclusion of a criminal case that is tried before a judge, does the judge’s failure to affirmatively offer the defendant an opportunity to present a closing argument before announcing the court’s judgment constitute reversible error where the defendant did not request a closing argument or enter an immediate objection to the omission of a closing argument? BACKGROUND: James McCausland was stopped by a highway patrol trooper and charged with speeding, OMVI, and refusal of a chemical test with a prior OMVI conviction within the preceding 20 years. He originally requested a jury trial, but subsequently waived a jury and agreed to a bench trial before the Butler County Court, at which he was represented by an attorney. At trial, the state called one witness, the arresting officer, and the defense presented only McCausland’s testimony on his own behalf. The state then re-ca
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