State v. Allen - Impact of Superseding Presentment

On August 14, 2018, the Hamilton County Grand Jury returned a superseding presentment in the Allen cases.   Thereafter, the State elected to proceed on the charges contained in that superseding presentment, and, upon motion of the State, the Court has since dismissed the original presentment with respect to most of the original cases.    

The Court has received questions about the impact of the superseding presentment on the management of the Allen cases.  Answers to some of the more frequently asked questions are as follows:


Does my appointment as counsel continue?

Yes.  If a lawyer was appointed to represent an accused in the original cases, that same lawyer will be reappointed in the new cases.  The appointment order will date to the dismissal of the original case.

Do the parties have to be “booked” again on the new presentment?

Yes.  As in typical cases with superseding indictments, the superseding presentment here represents a new set of cases.  As such, all persons named as parties in those new cases must be “booked” at the Hamilton County jail.   This is standard procedure for all situations involving superseding indictments or presentments.

Will my client be required to post additional bail before he or she is released after booking?

Not in most cases.  For most cases, the bail amounts originally required in March 2018 remain unchanged.  The Court's order to this effect may be found here.   

In a handful of cases involving allegations of new criminal conduct, however, additional bail amounts may be required as a condition of pretrial release.   The Court's order as to these individual cases may be found here.

When will the parties be arraigned on the new cases?

September 24, 2018.  On that day, which is also the next regularly-scheduled status conference for all cases, the Court will formally arraign all parties.

Are the new cases governed by the April 2018 Case Management Order?

No.  On September 26, 2018, the Court entered a new Case Management Order to govern proceedings related to the superseding presentment.  Most of the procedural aspects of the original Case Management Order remain the same, such as the requirements for the designation and docketing of motions.  However, some of the deadlines have changed.  The new Case Management Order may be found here.

What has happened to the motions that I filed in the original cases?

The Court has ordered that all previously-filed motions be transferred to the new cases.  That said, the Court has summarily resolved some motions that are now likely moot in light of the new presentment.  It has also specially set other motions that are likely still ripe for disposition.     

The Court has also ordered that all requests for discovery previously made, whether by the State or by various parties, remain effective to trigger discovery obligations in the new cases.

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