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Issue on Appeal: Abuse of Discretion on Community-Control Sanctions In this case, the court reviewed whether a community-control sanction that prohibited a company from selling its property constituted an abuse of discretion. A court abuses its discretion when its...
Chemical evidence is often the gold standard during criminal proceedings. If the state can produce forensic evidence of criminal activity, that can seem very compelling to juries. In fact, even defendants accused of breaking the law sometimes start second-guessing...
Can an Accidental Phone Call Violate a Protection Order? In criminal cases involving protection orders, a common defense is that the contact was accidental, such as a brief phone call that was immediately hung up. But can the state still prove that this kind of...
A first-time DUI charge in Ohio can feel like the world is crashing down. You're likely worried about your job, family and reputation. The legal process seems daunting, and the possibility of jail time looms large. You may ask yourself, "Is there any way to avoid...
Key Issue on Appeal: The Defendant's Waiver Before The Polygraph Did Not Extend To The Post-Polygraph Interview Stewart G. Stacy, the defendant-appellant, appeals his convictions and sentence for multiple counts of Rape and Gross Sexual Imposition. After reviewing the...
Key Issue on Appeal: Lack of Knowledge in Guilty Plea The primary issue on appeal revolves around Mr. Davis’s guilty plea, which he contends was not entered knowingly or intelligently due to a misunderstanding about the consequences of his plea. Mr. Davis faced...
Key Issue on Appeal: Ineffective Assistance of Counsel in Voir Dire The central issue in this appeal revolves around whether defense counsel failed to sufficiently question a juror with a close relationship to the lead investigator in the case, potentially overlooking...
In Ohio, the law regarding operating a vehicle under the influence (OVI) encompasses various substances, including marijuana. There are four different charges related to marijuana impairment while driving, and it's essential to understand each one to stay safe on the...
When a jury finds someone guilty, that verdict can be devastating. However, in some cases you may be able to appeal a conviction. What issues could create the foundation for a successful appeal? 1. Someone made legal errors during the trial. One common reason for an...
Key Issue on Appeal: State's Obligation in Providing Expert Testimony In this appeal, the key issue revolves around whether the State fulfilled the requirements of Criminal Rule 16 when introducing expert testimony. According to Crim.R. 16(K), a party must provide the...