Tuesday, August 31, 2010

Dayton Police Violated the Fourth Amendment (8 31 10)

Dayton criminal defense lawyer Vic Hodge of the Montgomery County Public Defender’s Office successfully argued on appeal that Dayton police violated his client’s rights under the Fourth Amendment to the Constitution of the United States when they initiated an "investigatory detention" on a car without "a reasonable and articulable suspicion of criminal activity to warrant an investigatory detention under Terry." Dayton cops did a "Terry stop" on a car parked in the area of West Hillcrest and Salem Avenue in Dayton, Ohio, because they were checking on a report of a woman in a green shirt that appeared to be ill. They found a woman in a green shirt who did not appear ill, but who appeared to be arguing with someone in the parked car. With guns drawn, the police started yelling orders at these citizens. It turns out the man in the back seat had a gun that he hid under the driver’s seat once police showed up. But the Dayton law enforcement officers jumped the gun and violated the man’s Fourth Amendment Rights to be free from unreasonable searches and seizures and so his motion to suppress should have been granted by Montgomery County Common Pleas Judge Connie S. Price. State v. Mayberry, 2010-Ohio-4081.

Contact me if you need a Dayton Criminal Lawyer for your appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form. Visit www.ohiocriminaltriallawyer.com if you need an experienced Dayton Criminal Defense Lawyer to represent you in the trial court.



Friday, August 27, 2010

Conviction Reversed & Vacated (8 27 2010)

A Trotwood, Ohio, neighbor was convicted of criminal mischief in violation of R.C. 2909.07(A)(1) because he wrote a note on an 8x10 piece of paper, placed it on top of his neighbor’s trash container, and covered it with a stick so the note would not blow away. The neighbors got the note which was less than flattering and of course they contacted the cops. The neighbor who left the note was charged with criminal mischief which required that he "move, deface, damage, destroy, or otherwise improperly tamper with the property of another." He was found guilty by Judge James L. Manning at a bench trial. But the Second District Court of Appeals reversed and vacated the conviction because they agreed with me that leaving a piece of paper on top of a trash container does not qualify as criminal mischief.  State v. LeValley, 2010-Ohio-288.

Contact me if you need a Dayton Criminal Defense Attorney for your appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form.

Wednesday, August 25, 2010

Final Appealable Orders and the “one document” rule (8 25 10)

The Ohio Supreme Court held in State v. Baker, 2008-Ohio-3330, that a final appealable order had to contain what the conviction was based upon, the sentence, and the judge’s signature and they all had to be in one document that the clerk of the court had to enter upon the journal.  But today the Ohio Supreme Court pointed out in State v. Ketterer, 2010-Ohio-3831, that State v. Baker only applies to non-capital cases.  In aggravated-murder cases subject to R.C. 2929.03(F) (which requires the court to file a separate sentencing entry), the final appealable order can consist of more than one document – the sentencing opinion and the judgment of conviction.

Contact me if you need a Dayton Criminal Defense Attorney for your appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form.
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