18 May

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The Fight For The Exclusionary Rule

Image by decade_null via FlickrHere is a link to a wonderful article from the American Constitution Society for Law and Policy by Susan A. Bandes. It describes a twenty-year effort, starting in the Reagan Justice Department to overturn the exclusionary rule first articulated by the Supreme Court in Mapp v. Ohio. http://www.acslaw.org/c21/criminaljustice A description of the article is included below. ACS is pleased to distribute "The Roberts Court and the Future of the Exclusionary Rule," an Issue Brief by Susan A. Bandes, Distinguished Research Professor at the DePaul University College of Law. Since the Supreme Court decided Mapp v. Ohio...

22 April

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United State Supreme Court, Arizona v. Grant

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[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]The United States Supreme Court has issued a pro-rights decision in Arizona v. Grant. Read the decision here:The Supreme Court upheld a decision by the Arizona Supreme Court in the case of Rodney Gant, who was handcuffed in the back of a patrol car when police searched his car and found cocaine and drug paraphernalia. The trial court said the evidence could be used against him, but the Arizona appeals court overturned Gant's conviction because the police were under no threat for their safety and there was...

14 April

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The “Old” Courthouse in Dayton, Montgomery County, Ohio

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Montgomery County Courthouse The Montgomery County Courthouse was designed by architect Howard Daniels and built in 1850. Located at 41 North Perry St. in the county seat of Dayton, the building today houses the Montgomery County Historical Society.The courthouse features Greek Revival style architecture and is constructed of limestone quarried from the Dayton area. The stonecutters for this project worked the limestone as if it were done in ancient Egypt, using saws, sand and water. The courthouse was known as the “temple of justice.”Montgomery County is named after Revolutionary War Gen. Richard Montgomery. ...

07 April

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Prosecuting Attorney Not Required to Prove Date In DUI Trial

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[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]State v. McFeely, 3/30/2009, 2009-Ohio-1436, 11th District Court of Appeals: Every prosecuting attorney is taught that they must prove each and every element of the offense including venue, jurisdiction, identification, date and time.Well, maybe not. The Eleventh Dist. Court of Appeals recently held (in a DUI case of course) that date was not an essential element of the offense. The big deal here is that date has always been considered an element of the offense and not just a procedural bugaboo. Holding police and prosecutors to the highest standards...

06 April

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Lima, Ohio’s Allen County Courthouse

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The Allen County Courthouse was constructed in 1882 at a cost of $213,167. The building, designed in Victorian architecture by George H. Maetzel, is constructed of brick, stone and marble. A major addition was made to the building in 1990 that included courtrooms, a jail and the sheriff’s office.Located at 301 N. Main St. in the county seat of Lima, the courthouse today houses the Allen County Court of Common Pleas and its domestic relations and probate divisions. The county and courthouse are named after Ethan Allen, a soldier of the Green...

02 March

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Reasonable Articulable Suspicion Defined by Second District

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[caption id="" align="alignright" width="192" caption="Image by Jason Rojas via Flickr"][/caption]In State v. Swartz , the Second District, following a line of its own cases, upheld a decision of the Miami County Municipal Court, ruling that a Trooper did not have reasonable articulable suspicion to subject the defendant to standardized field sobriety tests. This is a MUST READ decision for anyone who practices DUI/OVI law in Ohio. ...

26 February

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How to Persuade a Judge, by Justice Scalia

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Image via WikipediaAccording to Justice Antonin Scalia in his book Making Your Case, Judges can be persuaded only when three conditions are met:(1) They must have a clear idea of what you're asking the court to do.(2) They must be assured that it's within the court's power to do it.(3) After hearing the reasons for doing what you are asking, and the reasons for doing other things or doing nothing at all, they must conclude that what you're asking is best -- both in your case and in cases that will follow.Although I disagree with his philosophy and much...

25 February

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Bar on Gun Ownership Upheld at US Supreme Court

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[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]WASHINGTON – The Supreme Court on Tuesday affirmed the use of a federal law barring people convicted of domestic violence crimes from owning guns, the first firearms case at the high court since last year's decision in support of gun rights. The case is U.S. v. Hayes, 07-608.The court, in a 7-2 decision, said state laws against battery need not specifically mention domestic violence to fall under the domestic violence gun ban that was enacted in 1996.It is enough, Justice Ruth Bader Ginsburg wrote in her majority opinion, that the victim of such a crime be involved in a...

16 February

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Ohio OVI Law: State v. Clark (fog line violation)

Posted by Dayton DUI

in DUI Law

[caption id="" align="alignright" width="112" caption="www.OhioDUIdefense.com"][/caption]In State v. Clark (2009), 2009-Ohio-529, the Second District Court of Appeals fell in line with the Ohio Supreme Court holding that, based on State v. Mays (2008), 119 Ohio St.3d 406, 894 N.E.2d 1204, 2008-Ohio-4539, one marked lane (fog line) violation is sufficient to justify a stop.If you are charged wit a maked lanes violation, or a violation of Ohio's tough drunk driving laws, contact Charles M. Rowland II at 937-879-9542. ...

09 February

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Ohio DUI Law: State v. Bruce (Destruction of Evidence)

Posted by Dayton DUI

in DUI Law, DUI Process

[caption id="" align="alignright" width="180" caption="www.OhioDUIdefense.com"][/caption]State v. Bruce (2008), 2008-Ohio-5514, is the Second District's latest "destruction of evidence" ruling. Here, the court granted a motion to provide the blood sample to the Defendant's expert. The lab was not copied on this order. The 2nd District held that the State did show substantial compliance with the Ohio Administrative Code and the fact that the lab destroyed the blood after the Court granted an Order to provide a specimen of blood to defendant's expert. The court found that there was no bad faith in the destruction...

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