Monday, May 21, 2012

A Trooper’s identification of drugs as drugs is not enough

The Third District Court of Appeals for Marion County reversed a defendant’s convictions for drug possession because there was insufficient evidence to sustain those convictions. The defendant was convicted in the Marion Municipal Court of possessing a Schedule III controlled substance and Marijuana. The drugs were found after a traffic stop on U.S. Route 23 in Marion County. But the only evidence presented at trial was the testimony of the Trooper that he found "Hydrocodone-related pills" and marijuana. There was no evidence of any testing done at a lab to determine what the pills were, and there was no testimony about the Trooper’s experience with marijuana which would lay a foundation for his identification of the material as marijuana. The convictions were reversed and the defendant was discharged in State v. Jack, 2012-Ohio-2131.

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, May 15, 2012

State was too late to classify defendant as a sexual predator (5 15 12)

A Henry County man was convicted of 2001 of gross sexual imposition. In 2003 a sexual offender classification was held. In 2011 the trial court classified the defendant as a sexual predator. The Court of Appeals for the Third Appellate District of Henry County reversed for two reasons. One, the trial court was divested of jurisdiction to classify the defendant as a sexual predator due to the unexplained delay in making the ruling. Two, the trial court lacked jurisdiction because the defendant had completed his sentence. State v. Miller, 2012-Ohio-2132.

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, May 4, 2012

Failure to impose mandatory license suspension (5 4 2012)

Sometimes trial courts fail to impose mandatory driver’s license suspensions on defendants.  Today the Ohio Supreme Court said such a failure makes that part of the sentence void (and only that part).  And re-sentencing is limited to imposition of the mandatory license suspension.  The Court found that “a mandatory driver’s license suspension is akin to post-release control.”  And so the Court is treating the failure to impose a mandatory license suspension like it does a failure to impose post-release control.  State v. Harris, 2012-Ohio-1908.

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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