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Category Archives: General
Keeping Clients Informed – Assigned-Counsel Fees
By Shaker Heights Municipal Court Magistrate Anne Walton-Keller Recently the Supreme Court of Ohio decided that a trial court, pursuant to R.C. 2941.51(D), may order a criminal defendant to pay his or her court-appointed-counsel fees without first articulating explicit findings about the defendant’s ability to pay. State v Taylor, 2020-Ohio-6786. Taylor was ordered to pay […]
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Miranda Custody
Often, a person who has been detained (Terry stop, traffic stop) is “in custody ” for Miranda purposes before a formal arrest occurs. That is important because the procedural safeguards adopted by Miranda become necessary once a defendant is taken into custody.
A Template-Motion in Limine to Exclude Evidence of a Chemical Test Refusal from Being Heard by a Jury
In cases where the facts make it appropriate, the following sets forth a framework for excluding evidence of a refusal as proof of guilt in an OVI case and as proof of the element of refusal in an OVI-refusal with a prior OVI in the past 20 years case.
Challenging Admissibility and Weight of BAC and SFST Results
Challenging Admissibility and Weight of BAC and SFST Results Just because the results of a breath or blood alcohol concentration test and/or the results of Standardized Field Sobriety Tests (SFST’s) are determined to be in substantial compliance under their respective statutory exclusionary rules does not mean that the admissibility of such results cannot be challenged […]
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The Reasons Why A Search Warrant Is Required To Obtain Blood-Alcohol Test Records From A Hospital
Submitted by Co-Authors Robert G. Walton and Gretchen Ebner The Relevant Evidentiary Statutes R.C. 4511.19(D)(1)(a) provides, in part, that in a criminal prosecution for a violation of R.C. 4511.19(A)(1)(a) or its equivalent (impaired driving) the result of any test of any blood withdrawn and analyzed by a health care provider may be admitted with expert […]
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