Sunday, June 24, 2012

Aggravated Robbery conviction reversed for speedy trial violation

The Fourth District Court of Appeals for Ross County reluctantly reversed Randy Pollock’s conviction for aggravated robbery with a gun specification because his right to a speedy trial was violated. The error took place when Pollock’s counsel filed a motion to withdraw and new counsel was appointed. This occurred just before the trial was scheduled to take place. The trial court moved the trial date, sua sponte, which was reasonable since new appointed counsel was coming on. But the trial court failed to state its reasons for moving the trial date, and the continuance was not charged to either party. The new date was outside the time required and no tolling took place due to the inadequate entry. State v. Pollock, 2012-Ohio-2819.

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.

Miranda violation in Marion County (6 24 12)

The Marion County Prosecutor’s Office appealed a juvenile judge’s ruling which suppressed the interview of a juvenile accused of gross sexual imposition against his younger sister. The Third District Court of Appeals for Marion County affirmed the judge’s decision in a 2 to 1 vote. The fourteen year old was interviewed by a Children Services intake investigator and a Marion Police Officer without the benefit of Miranda warnings. The majority decided that Miranda warnings were required because the boy was in custody. The dissenting judge felt that the boy was not in custody and his statement should not have been suppressed. The majority felt that a reasonable juvenile in the boy’s position would not have felt free to terminate the interview and leave because he was just 14 years old, he was present at Children Services for this interview involuntarily, he was escorted away from his parents by this intake investigator and a uniformed officer, the officer told his parents they could not be in the interview room, the door was closed and the officer sat facing the boy while one of the interviewers sat by the closed door. The dissenting judge called the decision on appeal "unreasonable." In re T.W., 2012-Ohio-2361.

 

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.

Deputy Sheriff lacked reasonable articulable suspicion for traffic stop (6 24 12)

A traffic stop in Henry County led to a conviction for OVI. But on appeal the Third District Court of Appeals for Henry County reversed the ruling of the trial judge which overruled the defendant’s motion to suppress. The Deputy stopped Appellant’s vehicle because he was parked on a highway in violation of R.C. 4511.66. However, to be guilty of that section, a driver has to be parked on a highway "outside a business or residence district." Since Appellant was not parked on a highway outside a business or residence district, he did nothing illegal and the officer lacked the necessary reasonable articulable suspicion to justify the stop. State v. Haas, 2012-Ohio-2362.

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, June 20, 2012

Trial judge misled defendant at plea hearing (6 20 2011)

An Erie County judge told a defendant that he would be eligible for judicial release if he pleaded guilty. After taking the plea, the judge sentenced the defendant to twelve years in prison which made the defendant ineligible for judicial release. On direct appeal, the Sixth District Court of Appeals for Erie County reversed the pleas and remanded the case to the trial court. State v. Loyd, 2011-Ohio-2964.

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.

Sunday, June 17, 2012

Jaywalker was not armed and dangerous (6 17 2012)

Dayton Police Officers stopped a man for jaywalking. Upon citing him for jaywalking, the man admitted he had some weed in his pocket. The police were justified in taking the marijuana. But the officers were not justified in then conducting a "pat down" for weapons which resulted in the discovery of crack cocaine. The fact that the man was on a police CIRGV list as a potential member of the "Dayton View Hustlers" was not enough to justify the pat down of this jay walker. State v. Byrd, 2012-Ohio-2659.

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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