Monday, April 30, 2012

NOT!!! for the purpose of medical diagnosis or treatment (4 30 12)

The State has this really neat trick for getting around the rule that hearsay is not admissible in court in child sexual abuse cases. Evidence Rule 803(4) states that statements "made for the purpose of medical diagnosis or treatment" may come in. The State just sticks some social worker who knows how to "forensically" interview a child between the child and real medical personnel. That way, any evidence that the social worker can get out of the child can be used against the accused even if the child later recants – if the statements are determined to have been for the purpose of medical diagnosis or treatment (but can’t that lead to innocent people being convicted, you ask?). But this neat little trick has limits too. The Third District Court of Appeals for Logan County upheld a trial court’s ruling that statements made by a four year old complainant were not made "for the purpose of medical diagnosis or treatment." The social worker in this case did not play the game well enough. The social worker was employed by children’s services agency charged with determining whether protective services are warranted. And you know who the social worker contacted at the end of the interview? The police! And who didn’t they contact? You guessed it – medical personnel. Because nothing in the interview showed that the interview was for the purpose of medical diagnosis or treatment, the Third District Court of Appeals for Logan County affirmed the trial court’s ruling suppressing this interview as you can read in State v. Goings, 2012-Ohio-1793.

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.

Wednesday, April 18, 2012

Police hope to cut down on the number of men coming to Dayton for sex (4 18 2012)

Dayton police set up fake ads on backpage.com to try to catch men who are trying to hire women for sex. Dayton Lt. Brian Johns said that "We hope by targeting the johns, we can cut down on the number of men coming to Dayton for sex." In February, the police made arrests duping sex seekers during "National Johns Week." The police are very creative and their most recent fiction was an ad titled "stress relief" in which a 29 year old female was going to help men unwind at her secure incall location. It was secure all right. Read the article here.

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.

Use your turn signal even if there is no traffic. (4 18 2012)

Tatiana Burnett was traveling down Dana Avenue in Cincinnati when there was little traffic and she could switch lanes without causing a traffic hazard. She moved from the right to the left lane and was stopped by police for violating a municipal ordinance. The trial judge granted her motion to suppress evidence found during the traffic stop because her driving created no traffic hazard. Therefore, the police lacked "probable cause" to make the stop. But the First District Court of Appeals for Hamilton County reversed because the officers only needed to have a "reasonable and articulable suspicion" that the traffic law was violated (probable cause was not needed). And the Court of Appeals determined that the police only needed to believe that the driver "might" have violated the law to make the stop. The Court also said that it is a violation of Ohio Revised Code Section 4511.39 to fail to signal before a lane change. Officers witnessed Burnett change lanes without signaling. This gave the officers the ability to inject themselves into Burnett’s life. And it led to convictions for ccw, falsification, and improper change of course. State v. Burnett, 2012-Ohio-1631.

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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