Brandon Anderson was on trial for murder and identification of the shooter was important to the State's case. Tobias Epps testified for the State but failed to testify that he positively identified Brandon Anderson as the shooter. After Epps finished testifying at trial, he conferred with one of the State's investigating officers. The officer and Epps then went to the assistant prosecutor. The prosecutor asked to recall Epps to the witness stand and the judge allowed it over Anderson's objection. The Court of Appeals for Hamilton County determined that the trial judge abused his discretion in allowing the State to recall the witness. The second time Epps testified, he positively identified Anderson as the shooter, and he was the only witness to do so. The Court of Appeals reversed and remanded for a new trial. State v. Anderson, Hamilton County Appellate No. C-0903238, 2010-Ohio-6234.
If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private attorney. Otherwise, contact your county or state public defender to see if they can help.
10:05 PM 9/11/2011
