Ohio Criminal Appeals Lawyer Blog

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"Analyzes criminal appeals news, reports and opinions in Ohio."

Author: Robert Alan Brenner is a solo practitioner in Dayton, Ohio.

Blawg Related Categories: Appellate Practice • Criminal Justice • States • Ohio • Solo / Small Firm

Recent Posts from Ohio Criminal Appeals Lawyer Blog

Cannot expunge some if you cannot expunge all.
Today the Ohio Supreme Court decided a case on sealing of criminal records. Here is the syllabus by the Court: "[w]hen an applicant with multiple convictions under one case number moves to seal his or…
"Counseling" is treatment under Evid.R. 803(4)
Ohio's Second District Court of Appeals reversed convictions for rape and gross sexual abuse of a child under thirteen because of hearsay and confrontation clause problems. Most interesting was the Appellate Court's interpretation of what…
Don't go it alone on appeal
The case of State v. Burkholder, 2009-Ohio-5526, is a good example of why you should not go it alone on appeal. Barry Burkholder was apparently indigent but he did not send a notarized affidavit of…
Appeal deadlines are no joke
I mentioned elsewhere on this site that your best bet is to get a good criminal defense lawyer for your appeal. Here's an example of why. The State actually appealed - in the case you…
Police Officers ("cops") can stop you if ...
Felonies are not usually witnessed by police officers. Sometimes, but not usually. Traffic stops can lead to more than tickets for simple traffic violations and police know that. It is called "good police work." The…
"Criminal Defense Lawyer" is a misnomer
The title "Criminal Defense Attorney" or "Criminal Defense Lawyer" is a misnomer and is sometimes used as a weapon against those who represent the legal interests of the accused. Have you ever heard "how can…
"Spousal Competency"
Even though Defendant's criminal defense lawyer did not object and Defendant's criminal defense lawyer on appeal did not raise the issue, Ohio's Eighth District Court of Appeals reversed Defendant's conviction for multiple sex offenses against…
State v. Hoover, 2009-Ohio-4993, 4511.19(A)(2) is Constitutional
Criminal defense lawyers argued before Ohio's Supreme Court that Revised Code Section 4511.19(A)(2) is unconstitutional because it criminalizes a suspect's refusal to take chemical tests after being stopped for DUI/OVI. Hoover's criminal defense attorneys argued…
Anders Briefs put defendants in a tough spot
What if your criminal defense lawyer files an "Anders Brief" in your appeal? This is what the Seventh District Court of Appeals said about Anders Briefs in a decision you can read by clicking here,…
knowing conveyance of drugs onto the grounds of a detention facility by an inmate
Today the Ohio Supreme Court in State v. Cargile, 2009-Ohio-4939, ruled that even though Cargile involuntarily entered the jail, he voluntarily conveyed drugs into the jail. The drugs were in the cuff of his pants…