Category Archives: General

Proof of Prior OVI When Prior an Element Under RC 4511.19(A)(2)

Methods of Proof (if Defendant does not stipulate OR ADMIT) RC 2945.75(B) provides two methods, as follows: CERTIFIED copy of entry of judgment in prior conviction together with evidence sufficient to identify the defendant named in the entry as the offender in the current case.  This method must comply with Ohio Crim. R. 32(C).  The […]

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Car Searches Arising Out of Traffic Stops and the Voluntariness of Consent to Search

This post contains a summary and discussion of several cases that have shaped Fourth Amendment search and seizure law related to traffic stops and car searches: Robinette II and III– A lawful traffic stop ended. Was consent to search a car given during the subsequent unlawful detention voluntary and the product of free will? Caballes – […]

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New Speedy Trial Clock for New Charges Based on Lab Results

Andre Sanford was in a crash in October 2016.  He struck a motorcycle, killing the driver and left the scene.  An hour later he surrendered, admitted that he had been drinking and smoking weed, and submitted to a blood test.  Sometime later the test results indicated a prohibited amount of marijuana metabolites in his system. […]

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Providing a Good Defense – Obtaining Discovery and Public Records

One of the things Phil Korey taught me is perseverance in investigating a criminal case.  A part of that is making full use of Crim. R. 16, due process, the Public Records Act and our intuition. Crim R. 16. It’s always good to review what must be provided by the state in response to a […]

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Lange v. California: “No Categorical Warrantless Search Exception” Where Misdemeanant Flees into Home

By Robert G. Walton Esquire and Danielle Muster, his law clerk. On June 23, 2021, the United States Supreme Court handed down a decision in Lange v. California, 594 U. S. ____(2021). The principal issue was whether the pursuit of a fleeing misdemeanor suspect categorically qualifies as an exigent circumstance justifying a warrantless entry into […]

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