The case of State v. Burkholder, 2009-Ohio-5526, is a good example of why you should not go it alone on appeal. Barry Burkholder was apparently indigent but he did not send a notarized affidavit of indigency to the Second District Court of Appeals. So the Court of Appeals informed him that he would not get a criminal defense lawyer for his appeal. Instead, Barry tried to go it alone, but he basically sent an incoherent letter making conclusory allegations without getting a transcript made of the proceedings in the trial court. The Court of Appeals said its hands were tied as you can read by clicking here.
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Recent Entries
Apr 9, 10 06:45 PM Children to be financially supported are not "victims" Elsewhere in this blog I have mentioned how the "law" does not always comport with...
Apr 8, 10 12:19 PM Cuyahoga County Judge commits plain error with incorrect jury instruction The Eighth District Court of Appeals reversed a conviction for aggravated assault because the trial...
Mar 26, 10 03:07 PM To be valid, a jury waiver must be made "in open court" Today the Second District Court of Appeals reversed a conviction for felonious assault because the...
Mar 24, 10 10:03 PM Protecting the identities of certain victims or juveniles begins with the appellant Ohio Courts of Appeal generally will not publish the full names of certain victims or...
Mar 15, 10 08:19 PM State fails to prove venue, conviction reversed Generally speaking, jurisdiction is the power of a court to hear a case, and venue...
Mar 12, 10 04:14 PM Mother sentenced to 10 years Lisa M. Davis of Miamisburg pleaded guilty to first degree felony involuntary manslaughter on February...
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