Wednesday, March 30, 2011

Trial Judge Could Not Triple Defendant’s Sentence on Remand (3 30 11)

A Summit County trial judge sentenced a man to an aggregate seven year prison term on March 12, 2008. But the trial judge failed to properly sentence the defendant to postrelease control. So the case was remanded to the trial judge who corrected the postrelease control problem. But the trial judge also decided to triple the defendant’s aggregate prison term. The Ninth District Court of Appeals for Summit County just ruled that the trial judge exceeded their authority in re-sentencing on anything other than the postrelease control. The aggregate seven year term remains. The Ninth District based its decision on the Ohio Supreme Court’s decision in State v. Fischer, 2010-Ohio-6238. State v. Talafhah, 2011-Ohio-1053.

Contact me if you need a Dayton criminal defense 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.

Tuesday, March 29, 2011

Would you feel “free to leave”? (3 29 2011)

 
Centerville Police got a tip that "Tony Curtis" was trespassing at the Chevy Chase Apartments. One officer blocked Curtis’s vehicle with his police cruiser. Another officer took his ID and confirmed that "Tony Curtis" had not been trespassed from the Chevy Chase Apartments. The Centerville Police continued to block Curtis’s car and they still had his driver’s license. They had no "reasonable, articulable suspicion" that Curtis was engaged in criminal activity so they had no right to detain him at that point. Eventually they found contraband in his car.

Curtis filed a motion to suppress the evidence. The Montgomery County trial judge, Connie S. Price, overruled the motion to suppress because she said a reasonable person would have felt free to leave so Curtis was not detained in violation of the Fourth Amendment. The Second District Court of Appeals for Montgomery County reversed the decision of the trial judge since a reasonable person would not have felt free to leave under the circumstances and so Curtis was illegally detained when officers found the contraband. The contraband should have been suppressed because it was found as the result of the illegal detention. State v. Curtis, 2011-Ohio-1277.

Contact me if you need a Dayton Criminal Defense 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.
 

 

Plea was not made knowingly, voluntarily and intelligently (3 29 11)

The Fifth District Court of Appeals for Richland County just reversed guilty pleas made by a Richland County man. The pleas were not made knowingly, voluntarily, and intelligently because the trial judge did not inform the defendant about postrelease control prior to accepting his pleas. Postrelease control is considered part of the sentence so the trial judge erred by failing to tell the defendant about postrelease control until after accepting his plea. State v. Jones, 2011-Ohio-1202.

Contact me if you need a Dayton Defense 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.

Plea was not made knowingly, voluntarily and intelligently (3 29 11)

The Fifth District Court of Appeals for Richland County just reversed guilty pleas made by a Richland County man. The pleas were not made knowingly, voluntarily, and intelligently because the trial judge did not inform the defendant about postrelease control prior to accepting his pleas. Postrelease control is considered part of the sentence so the trial judge erred by failing to tell the defendant about postrelease control until after accepting his plea. State v. Jones, 2011-Ohio-1202.
 

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.



Defendant’s Due Process Rights Infringed by Trial Judge (3 29 11)

A Stark County man serving prison time in the Mansfield Correctional Institution had his due process rights violated by Judge a trial judge. The defendant filed a petition for postconviction relief and the prosecutor filed a motion for summary judgment. The defendant was supposed to have at least fourteen days to respond, but the judge went ahead and granted the prosecutor’s motion even before that time expired. The Fifth District Court of Appeals for Stark County said the judge violated the defendant’s right to due process. State v. Garner, 2011-Ohio-1209.

Contact me if you need an 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.

Wednesday, March 16, 2011

Dayton police officer’s stop of a vehicle was unlawful (3 16 2011)

A Dayton Police Officer stopped a vehicle at the corner of Salem Avenue and Philadelphia Avenue in the general area of Good Samaritan Hospital, because the officer thought the person driving the vehicle may be an unlicensed driver. The officer stopped the car to find out. Was this legal?

Police may stop a vehicle if they have a reasonable and articulable suspicion that an unlicensed driver is operating the vehicle. But what if an officer is not sure if a vehicle is being driven by its licensed owner or his unlicensed friend? Can police stop the vehicle to find out who is driving it? No, says the Second District Court of Appeals for Montgomery County. When an officer cannot tell if the driver is the licensed registered owner or his unlicensed friend, the reasonable inference to draw is that it is the licensed registered owner.

The stop was "impermissible" so any contraband found as a result of the stop, along with any statements made to the police, should have been suppressed by the trial court. State v. Leveck, 2011-Ohio-1135.

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.



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