Combined Affect of Errors May Win Your Appeal
So you have an error you argue about on appeal. But what if that error does not "affect substantial rights"? The Court of Appeals will say "Affirmed" and you will lose your appeal. Check out Ohio Criminal Rule 52(A) which states that "Any error, defect, irregularity, or variance which does not affect substantial rights shall be disregarded." Such an error is known as "harmless error."
But in a case just decided by the Second District Court of Appeals of Clark County, Ohio, the Defendant/Appellant raised two issues that the Court agreed were errors by the trial judge. The Court of Appeals wrote that "We might not have found that either error, standing alone violated Defendant's substantial rights. ... However, taken together, we find that those two instances combined to deny Defendant's Sixth Amendment right to a fair trial." State v. Malloy, 2011-Ohio-30.
So be sure to argue in your appeal that the combined errors you have alleged - when taken together - infringed on your right to a fair trial. It may just get your convictions reversed.
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.
