Wednesday, July 27, 2011

What are my options once I lose my appeal in an Ohio court of appeals? (7 27 2011)

Did you lose your appeal in the last 90 days? Don’t know what to do? Think your criminal appeal lawyer may have done a bad job? One option you have when you lose an appeal in one of the district courts of appeal in Ohio is to file an application for reopening your appeal pursuant to Ohio Appellate Rule 26(B). Through Rule 26(B) you would raise issues that your appellate counsel failed to raise. The court of appeals will decide whether to reopen your appeal. Maybe your appellate counsel missed a winning issue. Maybe the lawyer who handled your criminal appeal did not get all the transcripts they should have gotten. Maybe, just maybe, the lawyer you hired to do your appeal handed the job to a paralegal, law clerk, or someone else and it was that person that missed an issue that should have been raised in your appeal. A Rule 26(B) application is one option you have when you lose your appeal, but it has to be filed "within ninety days from journalization of the appellate judgment unless the application shows good cause for filing at a later time." Maybe you should have a criminal defense lawyer who has experience in doing criminal appeals in Ohio look over your case.

 
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.

 

 

Friday, July 1, 2011

If I am in prison for selling crack, will House Bill 86 Help Me? (7 1 2011)

There is a lot of buzz about H.B. 86. Word of H.B. 86's passage is spreading through Ohio’s prison population faster than water through a sieve. But before inmates get too excited, the tough reality is that "A statute is presumed to be prospective in its operation unless expressly made retrospective." R.C. 1.48. The General Assembly has "no power to pass retroactive laws." Section 28, Article II, of the Ohio Constitution. And if a punishment is reduced by amendment of a statute, the punishment shall be imposed according to the statute as amended IF THE PUNISHMENT HAS NOT ALREADY BEEN IMPOSED (if you were not already sentenced). R.C. 1.58. House Bill 86 does not expressly state that it is retrospective. In fact, Section 3 of H.B. 86 states that the amendments to 2925.03 (drug trafficking) applies to "a person who commits an offense involving ... cocaine ... on or after the effective date of this act and to a person to whom division (B) of section 1.58 of the Revised Code makes the amendments applicable." Section 3 also states that the 2925.03 which was "in existence prior to the effective date of this act shall apply to a person upon whom a court imposed sentence prior to the effective date of this act for an offense involving ... cocaine. The amendments to ... 2925.03 ... that are made in this act do not apply to a person upon whom a court imposed sentence prior to the effective date of this act for an offense involving ... cocaine."

What does that mean for the inmate serving time for selling crack cocaine who’s punishment was already imposed before H.B. 86? That inmate will have to serve the time to which he was sentenced. Even though the General Assembly finally recognized there was a problem in having one set of penalties for the sale of crack cocaine and another for selling powder cocaine. Even though one to whom H.B. 86 applies faces less prison time than the inmate sentenced before House Bill 86. Even though that does not seem fair.

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.
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