May State Indict Defendant for Possession of Criminal Tools Based on Intent to Violate Federal Law?
Or Must Underlying ‘Criminal’ Conduct Be a Violation of State Law? State of Ohio v. Welton Chappell, Case no. 2009-2131 8th District Court of Appeals (Cuyahoga County) ISSUE: Is an indictment for possession of criminal tools under R.C. 2923.24 invalid if it fails to assert that the defendant intended to use the offending items to violate a state law, or may a valid indictment be predicated solely on the defendant’s intent to use the offending items to violate a criminal provision of federal law or a municipal ordinance? BACKGROUND: Welton Chappell of Cleveland was indicted on three criminal charges including possession of criminal tools under R.C. 2923.24 when he admitted having a computer with illegal software, blank DVDs and CDs and other items in his car for the purpose of duplicating copyrighted movies and music disks and selling the pirated copies. Chappell was acquitted of one charge by a jury and the trial court dismissed a second count after the jury could not reach a verdict a
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