Wednesday, October 10, 2012

State v. Dibble, 2012-Ohio-4630 (10 10 12)

Today the Ohio Supreme Court held that "a determination whether information in a search- warrant affidavit is false must take into account the nontechnical language used by nonlawyers." A trial court judge had determined that a Detective had "‘knowingly and intentionally made false statements in his affidavit’ and that without those statements, the affidavit did not support a finding of probable cause to search Dibble’s home." The Franklin County Court of Appeals affirmed. The OSC disagreed and wrote, "we find that the statements made by the detective were not false statements made intentionally or with reckless disregard for the truth." The OSC noted that "a court abuses its discretion when its ruling lacks a sound reasoning process." The OSC determined the trial judge abused their discretion and remanded the case to the trial court for a new suppression hearing. State v. Dibble, 2012-Ohio-4630.

Contact me if you need a Dayton Appeal Lawyer for your appeal or other post-conviction matter by going to my Web site and filling in the "contact me" form.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.