Archives
- 2012.02.03: Trial judge erred by ruling no prima facie case was made
- 2012.01.24: An element of an offense cannot be used to elevate the sentence
- 2012.01.23: Attaching a GPS device to a vehicle is a "search," SCOTUS rules
- 2012.01.23: "commissary is one of the most important issues for inmates"
- 2012.01.20: Trial court erred in ordering payment of court costs
- 2012.01.20: Mistrial upheld on appeal
- 2012.01.19: Waiver of counsel needs more than a signature
- 2012.01.19: Watch out for facebook
- 2012.01.18: Backpage.com Escort Sting nabs "Johns"
- 2012.01.17: Fourth Amendment and abandoned property
- 2012.01.13: "Question first, Mirandize later"
- 2012.01.10: Watch out for lawyers appointed by judges - will they give you the best representation?
- 2012.01.06: LaMarr Wilder's killer acted in self defense, Court of Appeals Rules
- 2011.12.22: Can a sentencing judge change the sentence he imposed?
- 2011.12.19: Appeal Reopened
- 2011.12.16: Refusal to grant continuance was an abuse of discretion
- 2011.12.15: Possession of three rocks of crack cocaine is insufficient to prove trafficking
- 2011.12.07: Trial court erred by applying the wrong "self defense" standard
- 2011.12.07: Miranda Rights were not intelligently waived
- 2011.12.05: State failed to meet its burden at a motion to suppress hearing
- 2011.11.10: The use of "dealer plates" is legal
- 2011.11.08: Two-minute "hearing" was too short
- 2011.10.27: Cuyahoga County Conviction was Against the Manifest Weight of the Evidence
- 2011.10.27: Are you "seized" by police if they light you up?
- 2011.10.14: Attorney Disbarred for Child Rape Conviction
- 2011.10.13: The Ohio Supreme Court Modifies the Requirements for a Final Appealable Order
- 2011.10.11: Who robbed whom?
- 2011.10.07: House Bill 86 brings back fact finding for stacking
- 2011.10.07: Failure to provide written transcript results in loss for Appellant
- 2011.10.06: Writ of Procedendo Issued
- 2011.10.05: Mother allegedly distracted by Facebook, child drowns (update)
- 2011.10.05: Early Release? Don't count on it.
- 2011.10.04: Inmate Suicide - Montgomery County Jail Inmate Hangs Himself
- 2011.10.01: Trafficking Indictment was Insufficient
- 2011.09.30: Police cannot prolong your detention until a drug sniffing K-9 arrives
- 2011.09.30: A Day Late and an Appeal Short
- 2011.09.30: What if two of the three appellate judges get it wrong?
- 2011.09.30: House Bill 86 expands prison sentencing options for F1s and F3s
- 2011.09.28: New Judicial Release Guidelines Impact Many Inmates*
- 2011.09.23: Consent or submission to a claim of lawful authority?
- 2011.09.23: plain error when trial court does not conduct an allied offenses inquiry
- 2011.09.23: Trial Judge Erred by limiting cross examination
- 2011.09.19: Convicted years ago but want to appeal now? You may be able to!
- 2011.09.16: Trial court erred in holding a bench trial
- 2011.09.16: "Not offered for the truth of the matter asserted"
- 2011.09.16: Speedy trial violation in Ottawa County
- 2011.09.16: Clark County Judge Rastatter Reversed Again
- 2011.09.12: Defendant's Right to be Present was Violated
- 2011.09.12: Court costs and community service warning
- 2011.09.12: "A jack of all trades is a master of none."
- 2011.09.10: Prosecutor's race-neutral concern need not be shared by judge
- 2011.09.09: Reversed & Remanded to correct sentencing errors
- 2011.09.08: Law of the Case prevents judge from fixing his mistake
- 2011.09.08: Placing a GPS device on a vehicle without a warrant is unconstitutional
- 2011.09.08: Tyree Parson was arrested today
- 2011.09.08: Prison + Community Control = Void Sentence
- 2011.09.06: Timothy D. Watson Sentenced Today
- 2011.09.03: What are my options once I lose my appeal in an Ohio court of appeals?
- 2011.09.02: Warning! The Final Sentencing Decision is up to the Judge!
- 2011.08.31: Don't pay more for less! (Who is really doing your appeal?)
- 2011.08.29: Father's Conviction for Domestic Violence Against Son Reversed
- 2011.08.25: "To Serve and Protect" -- Lost kitty shot by cop
- 2011.08.24: OSC makes it harder to get out of your plea
- 2011.08.23: Strict liability as to age, purpose as to sexual contact for GSI (under 13) in Ohio
- 2011.08.19: Trial court cannot "disapprove" of Transitional Control at sentencing
- 2011.08.12: Failure to Notify Conviction Reduced
- 2011.08.05: Hipshire's involuntary manslaughter conviction was reversed
- 2011.08.05: Mom guilty for not doing anything
- 2011.08.05: Current state of sentencing law in Ohio
- 2011.08.05: Harmless typographical error or improper amendment to a charged offense?
- 2011.08.05: Convictions for unclassified misdemeanors may be sealed
- 2011.08.05: Reasonable Doubt defined in Ohio
- 2011.08.05: Transcripts must be certified for appeal
- 2011.07.05: Casey Anthony's Bella Vita (Beautiful Life)
- 2011.07.02: H.B. 86 and Judicial Release - Great News for Many Inmates
- 2011.07.01: If I am in prison for selling crack, will House Bill 86 Help Me?
- 2011.06.30: Adding Fuel to the Fire Lands a Dayton Man in Jail
- 2011.06.30: House Bill 86 prohibits a speeding conviction on a cop's "unaided visual estimation"
- 2011.06.30: House Bill 86 fixes the crack cocaine vs. powder cocaine disparity
- 2011.06.28: Failure to merge allied offenses was plain error
- 2011.06.28: Inmate Killed at Ross Correctional Institution
- 2011.06.28: Maria Blessing Pleads Guilty, Faces up to Five Years
- 2011.06.24: Ohio's Prison Reform Bill, House Bill 86
- 2011.06.24: Sometimes it is better to NOT appeal
- 2011.06.23: SCOTUS Bullcoming v. New Mexico
- 2011.06.20: Not quite an "eye for an eye"
- 2011.06.17: Trial judge misled defendant at plea hearing
- 2011.06.17: Sometimes you have to do it yourself if you want something done right
- 2011.06.16: Checking out just "anybody" that was in the area violated the Fourth Amendment
- 2011.06.16: "Labeling" did not justify stop
- 2011.06.16: Postconviction relief petition due 180 days after the written transcript is filed
- 2011.06.16: Efficient justice may not be so efficient
- 2011.06.16: Trial Judge erred when he denied a motion to seal the record of a misdemeanor conviction
- 2011.06.12: Did parole officers find contraband you want suppressed?
- 2011.06.11: Want to escape your escape charge related to your PRC?
- 2011.06.10: Want to get off your postrelease control early?
- 2011.05.16: Reduction of Fourth Amendment Protections is no joke
- 2011.03.25: Court of Appeals reduces sentence for sex crimes from 15 to 5 years
- 2011.03.24: Conviction for disrupting public service reversed
- 2011.03.23: Speedy Trial Violation in Ross County
- 2011.03.22: "Driving under suspension is not relevant to the quality of driving ..."
- 2011.03.18: No "intimidation of a witness" until there is a criminal action or proceeding
- 2011.03.18: Would you feel "free to leave"?
- 2011.03.15: Plea was not made knowingly, voluntarily and intelligently
- 2011.03.15: Defendant's Due Process Rights Infringed by Trial Judge
- 2011.03.12: Affidavit of Indigency in Ohio
- 2011.03.11: Dayton police officer's stop of a vehicle was unlawful
- 2011.03.09: Trial Judge Could Not Triple Defendant's Sentence on Remand
- 2011.03.09: Case remanded for an allied offenses determination
- 2011.03.07: "You're not God. I don't fear you."
- 2011.03.04: "No Contest" Plea Vacated
- 2011.03.03: Third degree felony becomes third degree misdemeanor
- 2011.03.03: Officer's "good faith" mistake of law did not validate traffic stop
- 2011.03.03: No "escape" from invalid postrelease control
- 2011.02.28: Prison or Jail? Does it matter?
- 2011.02.28: When is a knife a "deadly weapon"?
- 2011.02.24: "The right to a public trial is a cornerstone of our democracy ..."
- 2011.02.24: Trial Judge Erred by Allowing "Other Acts" Testimony
- 2011.02.18: Montgomery County Trial Court Properly Tossed Confession
- 2011.02.17: Cop could not just read from ticket
- 2011.01.07: Warrantless arrest was unlawful
- 2011.01.07: Trial court should have held a 2929.191 hearing to fix PRC
- 2011.01.07: Against the manifest weight vs insufficient evidence
- 2011.01.07: Defendant must be informed of the effect of his or her plea when pleading guilty or "no contest"
- 2011.01.07: Combined Affect of Errors May Win Your Appeal
- 2011.01.05: Second District Court of Appeals adopts Local Rule 2.24
- 2011.01.04: Mobile Chicken Coop Was Not a "Structure"
- 2010.12.28: The Ohio Supreme Court is constrained by stare decisis except when it decides it is not.
- 2010.12.23: State v. Fischer, 2010-Ohio-6238
- 2010.12.17: Allowing the State to recall a witness was an Abuse of Discretion
- 2010.12.17: LCI Stabbing incident
- 2010.12.17: Plea Bargains are based on the rules of contract law
- 2010.12.17: Judge Abused his Discretion by Admitting Prior Domestic Violence Incidents
- 2010.12.10: What does "criminally" mean?
- 2010.12.08: Nunc Pro Tunc Entry OR Resentencing Hearing?
- 2010.12.07: Motion for Judicial Release Denied. Appeal?
- 2010.12.06: Jason Durig pleads guilty
- 2010.12.05: Police Chase Dump Truck
- 2010.12.03: OVI conviction reversed
- 2010.11.24: Public Records Requests Result in New Trial
- 2010.11.15: Stepfather will spend the rest of his life in prison
- 2010.11.05: "Microwave Baby" conviction reversed
- 2010.10.21: due process required at probation violation hearings
- 2010.10.15: de facto forfeiture proceeding contrary to law
- 2010.10.08: Entering a plea if you are not a citizen of the United States
- 2010.10.06: Could your affair land you in jail?
- 2010.10.01: James Russell's convictions reversed again
- 2010.10.01: Restitution cannot include controlled drug buy money
- 2010.09.29: Hatel H. Patel convicted in Greene County
- 2010.09.29: Alternate juror error, reversed and remanded, State v. Downour, 2010-Ohio-4503
- 2010.09.27: 61 years for sex crimes with teens
- 2010.09.27: Don't forget to check the lawyer's batting average.
- 2010.09.24: Motion for new trial must be considered
- 2010.09.20: Amendment of indictment improper
- 2010.09.17: Curative (or limiting) instructions work except when they don't
- 2010.09.17: Three strikes and you're out - of prison
- 2010.09.14: Senate Candidate Eric W. Deaton Passes Lie Detector Test
- 2010.09.13: Rape convictions reversed (other acts evidence)
- 2010.09.10: trial judges must apply the law as written
- 2010.09.07: Judge Colleen Mary O'Toole and delayed appeals
- 2010.09.07: drugs improperly seized in Shelby County
- 2010.09.07: Hotie's Bar in Xenia Shooting Suspect
- 2010.08.31: Woman charged with burning her own home (UPDATE)
- 2010.08.30: Dayton Police Violated the Fourth Amendment
- 2010.08.30: Beatty-Jones Convicted, Sentenced
- 2010.08.27: Conviction Reversed & Vacated
- 2010.08.26: Man killed in his home by intruders
- 2010.08.26: Miko's Spa and Tokyo Health Spa hit by Law Enforcement
- 2010.08.25: Final Appealable Orders and the "one document" rule
- 2010.08.24: Cause of Interstate 675 Crash Undetermined
- 2010.08.20: Dayton police not justified in conducting pat-down
- 2010.08.20: Pet sitter did not have "common authority" over home
- 2010.08.20: Lose your appeal? There is still hope!
- 2010.08.18: Reverend Raleigh Trammell says he's "not guilty" of "taking any money"
- 2010.08.13: Plain Error in Verdict Form
- 2010.08.12: Conviction for intimidation in violation of R.C. 2921.04(B) vacated
- 2010.08.12: Judge Abuses their discretion with blanket policy on plea deals
- 2010.08.12: Have an indigent client? Make a motion to have costs waived at sentencing!
- 2010.08.11: Demetrius Chambers sentenced to 9 years
- 2010.08.05: "You know what? We're done, Mr. Sasso. Leave."
- 2010.07.30: mere submission to a claim of lawful authority
- 2010.07.30: Appeal dismissed for lack of a "final appealable order"
- 2010.07.28: Parents charged in child's death
- 2010.07.22: Jury waiver must be filed and made part of the record
- 2010.07.22: Cundiff sentenced to 38 years
- 2010.07.21: Zachary Marshall sentenced to 15 months
- 2010.07.20: Statute of Limitations tolled for "all offenses," State v. Bess, 2010-Ohio-3292
- 2010.07.20: Plea bargains need no waiver of the right "to be properly indicted"
- 2010.07.19: Shamar D. Davis sentenced to three years
- 2010.07.16: A F5 (max 12 months in prison) becomes a M4 (max 30 days in jail)
- 2010.07.13: Anthony Parker Sentenced (UPDATE)
- 2010.07.09: Indictment did not charge a criminal offense
- 2010.07.09: New Sentencing Ordered in Rape Case
- 2010.07.08: "Affirmed and Remanded"???
- 2010.07.05: Need a criminal defense lawyer for your appeal?
- 2010.07.03: How to check a lawyer's record on appeal.
- 2010.07.02: Judge abused discretion in failing to instruct on lesser included offense
- 2010.07.02: Two injured victims in one home = one burglary?
- 2010.06.30: Fourth Degree Felony becomes a First Degree Misdemeanor
- 2010.06.18: Judge Erred In Post-Release Control Sentencing
- 2010.06.17: Child Sex Abuse Convictions Easier to Obtain
- 2010.06.11: Trial Judge Should Have Granted Continuance Motion
- 2010.06.11: Inaccurate Jury Instructions Can Get Your Conviction Reversed!
- 2010.06.08: R.C. 2945.39 is constitutional
- 2010.06.02: Who needs radar guns anyway?
- 2010.05.28: Speedy Trial violation in Greene County
- 2010.04.20: Proof of Service
- 2010.04.13: China Arnold's Attorney Apparently Okay
- 2010.04.09: Children to be financially supported are not "victims"
- 2010.04.08: Cuyahoga County Judge commits plain error with incorrect jury instruction
- 2010.03.26: To be valid, a jury waiver must be made "in open court"
- 2010.03.24: Protecting the identities of certain victims or juveniles begins with the appellant
- 2010.03.18: Court costs must be imposed at the sentencing hearing
- 2010.03.15: State fails to prove venue, conviction reversed
- 2010.03.12: Mother sentenced to 10 years
- 2010.03.08: Cordell Mitchell, Jr. sentenced to 32 years to Life in prison
- 2010.03.06: How's that appointed appellate lawyer working out for you?
- 2010.03.04: Aggravated Assault Conviction Reversed
- 2010.03.03: The Hearing Impaired Cannot be Jurors in Ohio Criminal Trials
- 2010.03.03: Shannon Smith sentenced to ten years
- 2010.02.25: Ohio Criminal Rule 32(B) regarding the right to appeal
- 2010.02.24: Supreme Court of the United States puts a 14-day cap on Edwards protections
- 2010.02.22: Public Intoxication Requires a "Public Place"
- 2010.02.16: Criminal Defense Appeal Lawyers are not Magicians or Miracle Workers
- 2010.02.04: Jason Overman sentenced to the maximum
- 2010.01.29: Fifth Degree Felony Violation of a Protection Order Reversed
- 2010.01.14: Jose De Jesus Rios sentenced in Xenia
- 2010.01.08: Serving time because his lawyer missed an issue on appeal?
- 2010.01.05: State v. Whitfield, 2010-Ohio-2
- 2009.12.30: Criminal Rule 41 & R.C. 2933.21, State v. Jacob, 2009-Ohio-7048
- 2009.12.30: Greene County Judge Campbell erred when he failed to merge allied offenses of similar import
- 2009.12.22: Revised Code Section 2929.191 applies to sentences imposed on and after July 11, 2006
- 2009.12.22: Post-release control
- 2009.12.15: Police cannot search the contents of your cell phone where ...
- 2009.12.04: Prosecutor failed to live up to plea deal, sentence reversed
- 2009.12.03: State v. Jones, 2009-Ohio-6188, Decision Stands, Jones Walks
- 2009.11.23: You must effectively waive your right to counsel
- 2009.11.23: Possession of a digital scale is not a criminal offense!
- 2009.11.20: Improper arguments by prosecutors
- 2009.11.18: Busting a cell phone can be "disrupting public services" in violation of 2909.04
- 2009.11.17: "The Right to Closing Argument Can Be Waived" says the Ohio Supreme Court
- 2009.10.29: Cannot expunge some if you cannot expunge all.
- 2009.10.20: "Counseling" is treatment under Evid.R. 803(4)
- 2009.10.16: Don't go it alone on appeal
- 2009.10.08: Appeal deadlines are no joke
- 2009.10.05: Police Officers ("cops") can stop you if ...
- 2009.10.04: "Criminal Defense Lawyer" is a misnomer
- 2009.10.01: "Spousal Competency"
- 2009.09.30: State v. Hoover, 2009-Ohio-4993, 4511.19(A)(2) is Constitutional
- 2009.09.29: Anders Briefs put defendants in a tough spot
- 2009.09.24: knowing conveyance of drugs onto the grounds of a detention facility by an inmate
- 2009.09.24: Exhaustion Doctrine (criminal defense attorneys on appeal need to keep doors open)
- 2009.09.20: What does innocence have to do with it?
- 2009.09.17: Warning!!! I will try to win your appeal.
- 2009.09.14: No victim, no problem?
- 2009.09.10: "Wimpy" sentence affirmed
- 2009.08.28: The Ohio Supreme Court Handed Down Two Wins for the State This Week
- 2009.08.03: In the Sixth District, cop goes fishing & a big one gets away.
- 2009.07.31: Common sense approach to hearsay
- 2009.07.17: Sentence Reduced by 10 years when RVO Specification Reversed & Vacated
- 2009.07.10: Burglary Conviction Reversed
- 2009.07.07: Lesser Included Offenses
- 2009.07.07: Allied Offenses of Similar Import
- 2009.06.25: "I saw it. So what. Let him sleep. You guys picked the jury, I didn't."
- 2009.06.19: If restitution is disputed, a hearing must be held.
- 2009.06.17: Accused Killer To Get Third Trial
- 2009.06.14: Guilty Plea Was Not Knowing, Voluntary, and Intelligent
- 2009.06.10: Inadequate Verdict Forms Mean Early Release for Defendants
- 2009.06.08: If Competency is raised before trial, a hearing must be held.
- 2009.06.03: Licking County Man gets minimum possible sentence for child rape
- 2009.05.26: By Overruling Michigan v. Jackson, the United States Supreme Court
- 2009.05.21: When pleading "no contest" you are admitting the facts as alleged
- 2009.05.14: Need a Mulligan on Your Guilty Plea?
- 2009.05.07: Ohio's 8th District Court of Appeals Reverses Compelling Prostitution Conviction
- 2009.04.28: Prosecutors need not produce photos to get pandering conviction.
- 2009.04.24: Can police search your car if they claim they smell Marijuana?
- 2009.04.21: The Supreme Court of the United States reigns in Belton!
- 2009.04.19: Videotape Transcripts & Ohio's Appellate Rule 9(A)
- 2009.04.17: Invoking your Right to Counsel "I want a lawyer!"
- 2009.04.15: How do you appeal a conviction or sentence in Ohio?
- 2009.04.14: On Appeal, Justice Delayed could be Justice Denied
- 2009.04.03: Killer of college employee gets 20L
- 2009.03.04: "I'll be back on appeal" says convicted killer
- 2009.02.13: Guilty Pleas and 40 Year Sentence Reversed
- 2009.02.10: Mandatory Fines & The Affidavit of Indigency
- 2009.01.26: Aggravated Murder Conviction Reversed for Miranda Violation
- 2009.01.16: Should the General Assembly fix ILC?
- 2008.11.18: Anthony Seals sentenced to 25 years
- 2008.10.24: Conviction for possession of crack reversed
- 2008.10.17: Guilty Plea Reversed!
- 2008.05.21: Should you talk to the police?
- 2008.04.04: Convictions for having a weapon under disability and carrying a concealed weapon REVERSED & VACATED
- 2008.02.01: Guilty Pleas Reversed
- 2008.01.16: Judge can order that mandatory terms for rape be served concurrently
- 2007.11.30: Sentence Reversed for failure to comply with Criminal Rule 32(A)
- 2007.03.23: Convictions for Two Counts of Rape and Seven Counts of Gross Sexual Imposition Reversed
- 2006.03.31: Trial Court Erred When it Overruled a Motion to Suppress
- 2006.03.17: Burglary Conviction Reduced - Sentence Reduced by Three Years
- 2005.07.15: Aggravated Murder Conviction Reversed
- 2003.11.05: Stare Decisis and the Ohio Supreme Court
