Wednesday, February 27, 2013

Juvenile Judge erred by dismissing a case for a discovery violation (2 27 2013)

A juvenile judge dismissed a case against a juvenile since the State failed to comply with its order to turn over full discovery. The State refused to turn over full discovery to the juvenile after it had turned over any exculpatory evidence and evidence it intended to use at a probable cause hearing. The First District Court of Appeals for Hamilton County agreed that full discovery was not required to be turned over for the probable cause hearing. It was enough to turn over any Brady materials and the evidence the State intends to use at the probable cause hearing. In re D.M., 2013-Ohio-668.

Contact me today if you need a Dayton Criminal Defense Lawyer for your trial, appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form.



Monday, February 25, 2013

Banishment was not permitted under Ohio law (2 25 2013)

A Medina County woman decided to have an affair with a man from Florida. Then she decided to end the affair in March of 2009. The dejected lover then devised a plan to come to Ohio, kill his former lover who was cheating on her husband, and leave a bag of sentimental items for her husband to find. His plan was foiled when police were tipped off. As part of his sentence for attempted murder and attempted aggravated burglary, the trial court banished the man from Ohio for life. The Court of Appeals for Medina County vacated the banishment provision since there is no authority for the trial court to banish someone. State v. Mose, 2013-Ohio-635.

Contact me today if you need a Dayton Defense Lawyer for your trial, appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form.



Plain Error to award "restitution" to drug task force (2 25 2013)

Ohio Revised Code Section 2929.18 addresses to whom restitution may be awarded. It states restitution may be awarded to "the victim of the offender’s crime or any survivor of the victim, in an amount based on the victim’s economic loss." The government is not a victim when it loses the money it puts up for a controlled drug buy to a citizen targeted for criminal prosecution, and so a judge cannot award the government the controlled drug buy money as restitution. State v. Moorer, 2013-Ohio-650.

Contact me today if you need a Dayton Criminal Defense Lawyer for your trial, appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form.



GPS monitoring of sex offender was improper (2 25 2013)

Did you know an Ohio Court could order a sex offender to wear a GPS monitor? Revised Code Section 2929.13(L) states that a convicted sex offender could be monitored by GPS. But that applies only if the sex offender was a tier III sex offender/child victim offender AND the sex offender is not ordered to serve jail or prison time. Therefore, it was error for the trial court to order a Tier I sex offender who was sentenced to jail time to be monitored by a GPS device. State v. Koehler, 2013-Ohio-651.

Contact me today if you need a Dayton Criminal Defense Lawyer for your trial, appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form.


Wednesday, February 20, 2013

Padilla v. Kentucky does not apply retroactively (2 20 2013)

Today in Chaidez v. United States, the SCOTUS held that the their decision in Padilla v. Kentucky does not apply retroactively. In Padilla, the Supreme Court of the United States held that for counsel to provide the "effective assistance of counsel" as required by the Sixth Amendment to the United States Constitution, the attorney must advise her client of the risk of deportation arising from a guilty plea. Padilla does not have retroactive effect based on the Supreme Court’s decision in Teague v. Lane, 489 U.S. 288. Therefore, Roselva Chaidez’s conviction stands even though she was not informed of the risk of deportation arising from her guilty plea that she entered in 2004.

Contact me today if you need a Dayton Criminal Defense Lawyer for your trial, appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form.  Or call 937-222-0167 and ask for me, Robert Alan Brenner.



Directed verdict of acquittal stands, even if made in error (2 20 2013)

Today the Supreme Court of the United States held that the Double Jeopardy Clause bars retrial (and an appeal by the State of the acquittal) where a trial judge enters a directed verdict of acquittal even though the acquittal was based on the State’s failure to prove an element that it did not have to prove. Judge Alito dissented and wrote that the Court’s majority opinion makes no sense. Lamar Evans v. Michigan, 568 U.S. ___ (2013).

Contact me today if you need a Dayton Criminal Defense Lawyer for your trial, appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form. Or call 937-222-0167 and ask for me, Robert Alan Brenner.


Friday, February 15, 2013

"I don’t care if you have to arrest me; I gotta pee." (2 15 13)

The Second District Court of Appeals for Clark County reversed a conviction for tampering with evidence because there was no investigation into cocaine possession when a female they pulled over for going left of center dropped a cellophane baggie while she was peeing twenty to thirty feet away from the officers. The investigation into the woman’s driving while under the influence of alcohol and driving without a license had concluded. The investigation into the woman peeing in public would not involve the cocaine. Therefore, and because statutes "defining offenses shall be strictly construed in favor of the accused," there was "no evidence to support a finding that [the woman] acted with purpose to impair the baggie’s availability as evidence in an ongoing or likely investigation." State v. Straley, 2013-Ohio-510.

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.


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